Can Your Employer Retaliate Because of a Workers' Comp Claim?

Question

My boss changed my job duties after I filed workers' comp, which I think amounts to a demotion. Can I sue my employer?

Answer

Each state handles reports of retaliation or discrimination differently. Most likely, your state Labor Department will be the one to manage a retaliation claim. Contact your state’s Labor Department to determine what forms you may need to fill out, and where to send your report. The state will conduct an investigation regarding your report.

If your employer did violate the laws against retaliation and discrimination, the state will likely fine your employer. The state will not award any money to you; if you would like to receive compensation directly, you must take legal action directly against your employer, by filing a lawsuit.

If you feel you were wrongfully terminated or otherwise retaliated against because of your workers' comp claim, you should discuss the events with an attorney. An attorney can help determine whether you can obtain any additional compensation for your employer’s actions. Read our article to learn more about hiring a lawyer to get workers compensation benefits.

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