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What to Do If Your Employer Retaliates After Filing a Claim

What to Do If Your Employer Retaliates After Filing a Claim
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what to do if employer retaliates after worker comp claim filedFiling a workers’ compensation claim is a legal right for employees who are injured on the job. Unfortunately, some workers worry that speaking up will lead to retaliation from their employer. Retaliation can take many forms—reduced hours, sudden termination, demotion, or even harassment. If you’ve experienced this, you’re not alone, and there are steps you can take to protect yourself.

Recognizing Employer Retaliation

Employer retaliation can be subtle or obvious. Common examples include:

  • Being fired or laid off shortly after filing a claim.

  • Having your hours cut or being reassigned to undesirable shifts.

  • Receiving unfair discipline or negative performance reviews.

  • Facing harassment, intimidation, or a hostile work environment.

If these changes happen right after you’ve filed a workers’ comp claim, they may be signs of retaliation.


Know Your Rights

Workers’ compensation laws exist to protect employees—not punish them. Employers are prohibited from retaliating against workers for filing claims. Retaliation is a violation of your rights, and you are entitled to take legal action if it happens.


Steps to Take If You Experience Retaliation

  1. Document Everything
    Keep a record of changes to your job, including emails, performance reviews, or written warnings. Documentation is critical evidence.

  2. Report the Retaliation
    Speak with HR or a supervisor about the changes. Sometimes issues can be addressed internally.

  3. Continue Medical Treatment
    Stay focused on your recovery. Keep attending doctor appointments and following treatment plans—don’t let retaliation stop you from prioritizing your health.

  4. Contact a Workers’ Compensation Lawyer
    A lawyer can evaluate your situation, protect your rights, and help you pursue additional claims if retaliation is proven.


How the Law Office of Stephen J. Dennis Can Help

At the Law Office of Stephen J. Dennis, we’ve seen firsthand how retaliation can make an already difficult situation worse. Our team helps clients:

  • Prove retaliation with documented evidence.

  • Pursue legal remedies for lost wages or damages.

  • Ensure your workers’ compensation case continues without interference.

We believe no employee should fear losing their job for exercising their legal rights.