If a worker gets hurt on the job, they are legally allowed to make a workers’ compensation claim. However, many companies don’t want to hear about these claims. Retaliation after filing a claim can take many forms—demotion, reduced hours, workplace hostility, or even wrongful termination. Fortunately, the law offers protections, and there are steps you can take to defend yourself.
Recognizing Employer Retaliation
Employer retaliation isn’t always obvious. It may be subtle, such as being excluded from meetings, or overt, like suddenly receiving negative performance reviews after years of satisfactory work. Here are common signs to watch for:
- Sudden changes in job responsibilities
- Unwarranted disciplinary actions
- Hostile work environment
- Pay cuts or demotions
- Termination shortly after filing a claim
If you notice these changes after submitting a workers’ comp claim, you may be facing retaliation, which is illegal in most jurisdictions.
Know Your Rights as an Employee
Workers’ compensation laws generally protect employees from employer retaliation. These laws state that you cannot be punished, harassed, or terminated solely for filing a claim. Employers must prove that any disciplinary action taken against you was based on legitimate, non-retaliatory reasons.
Additionally, whistleblower laws may apply if your retaliation case involves safety violations or other employer misconduct. Knowing your rights gives you the foundation you need to take action.
Document Everything
One of the most powerful tools in a retaliation case is detailed documentation. Keep records of:
- The date you filed your workers’ comp claim
- Any written communication with your employer or HR
- Performance reviews before and after the claim
- Emails, text messages, or voicemails with relevant content
- Witness accounts from coworkers
Documentation helps create a clear timeline and pattern of events, making it easier to prove retaliation.
Report Internally First
Before escalating your case externally, consider reporting the issue to your human resources department. A written complaint helps create a paper trail and gives your employer the opportunity to resolve the issue. Sometimes, retaliation is the result of miscommunication or a rogue manager, and HR may step in to correct the situation.
However, if the internal process doesn’t resolve your concerns—or if HR is complicit—it’s time to consider legal support.
Seek Legal Help
Fighting retaliation isn’t something you have to do alone. A job lawyer or workers’ compensation lawyer can look at your case, tell you if your rights were violated, and help you take the right legal action. This may include:
- Filing a formal complaint with a state labor board or workers’ compensation commission
- Suing for wrongful termination or retaliation
- Negotiating a settlement for lost wages, emotional distress, or reinstatement
Attorneys experienced in this area know how to build a strong case and understand what evidence is needed. If you’re unsure where to start, there are more here in legal resources or online directories that list trusted workers’ comp attorneys.
Don’t Wait—There Are Time Limits
Most retaliation claims have a statute of limitations, meaning you must act within a specific timeframe, sometimes within 90 to 180 days of the retaliation incident. Waiting too long can cause you to lose your right to legal recourse.
To protect your rights, act promptly and seek guidance as soon as you suspect retaliation.
Final Thoughts
Employer retaliation can add stress to an already difficult situation, but you are not powerless. By knowing your rights, documenting events, seeking internal and legal help, and acting quickly, you can protect yourself and your livelihood.
Your courage to speak up not only helps your case but may also prevent future retaliation against other employees. If you need more guidance or legal support, there’s more here in professional networks and worker advocacy groups designed to help you through the process.