Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

Workers’ compensation and retaliation: Protect yourself

On Behalf of | May 9, 2019 | workers' compensation

If you’re injured on the job, you may find yourself in position to file a claim for workers’ compensation benefits. While this gives you financial peace of mind, it doesn’t necessarily remove all the stress from your life.

For example, you may have concerns about workers’ compensation retaliation. Even though there are laws in place to protect employees, some employers don’t take kindly to those who file a claim for workers’ compensation benefits.

There are many forms of workers’ compensation retaliation, including:

  • Termination of employment
  • Demotion
  • Negative performance review
  • Reduction in pay

The best way to protect against workers’ compensation retaliation is to understand your legal rights and applicable laws. This ensures that you follow the required steps when filing a claim, receiving benefits and returning to work.

What should you do next?

If you suspect workers’ compensation retaliation, you should first gather as much evidence as you can. Also, don’t lose sight of your actual claim, as you want to take the necessary steps to receive your just compensation as well.

It’s possible your employer will retaliate by fighting your workers’ comp claim. For example, your employer may argue that you were not actually injured at work. This may require you to file an appeal and provide additional information to back up your claim.

It’s difficult enough to deal with the aftermath of an on-the-job injury. If you throw in a workers’ compensation denial and retaliation for making a claim in the first place, your situation will become even more complicated.

You have legal rights as an employee, so make sure you protect them before, during and after filing a workers’ compensation claim.