In today’s economy, a common concern among employees is job security. There are significant concerns over losing a job, finding a job, and replacing employment based medical benefits following a job loss. So many of us, regardless of industry, share the same concerns because in general it is difficult to find a job in today’s market place. Workers that are injured on the job may be reluctant to file a Workers’ Compensation claim for fear that their employer may retaliate against them for doing so. Levinson Axelrod, P.A. appreciates this concern.
It is important to understand that if you are injured while in the course of your employment, you are entitled to file a Workers’ Compensation claim, and your employer cannot retaliate against you for doing so. The law protects injured employees from being discharged from their employment in retaliation for filing a claim. There are certain steps that should be taken if you are injured at work. These steps may also serve to protect an employee in the future from retaliation by their employer.
- Fill out an accident/ incident report as soon as possible and retain a copy for yourself;
- Ask to see a doctor and if you are denied medical treatment, ask your employer to either put the denial in writing, or make a record of the date, time and individual that you spoke with;
- Consult with an Attorney as soon as possible;
- If someone witnessed your accident, take note and write down that person(s) name for future reference;
- Take note of your personnel file both before and after your injury. Were you given glowing reviews and suddenly are receiving less than satisfactory reviews?;
- Has your job description changed in any way since filing your claim? Have your hours suddenly decreased, has your shift suddenly changed, or are you being criticized more?
If you find yourself the victim of retaliatory discharge, this information
may be of significant benefit.
If you are injured at work, it is imperative that you know your rights and how to protect your job.