Fighting For
Employee And Union Rights
Fighting For
Employee And Union Rights

Is my employer punishing me after my work accident?

On Behalf of | Jul 5, 2024 | Workers' Compensation

Workplace injuries take a toll on both our bodies and emotions. As an employee, you have the right to report accidents and seek workers’ compensation benefits without worrying about retaliation. Unfortunately, employers sometimes make poor decisions.

Signs of employer retaliation

To protect yourself from or following a workplace accident, knowledge is crucial. You should be aware of common signs that your employer may be punishing or discriminating against you for pursuing the benefits or safe workplace you deserve.

  1. Sudden firing: If you recently filed a workers’ compensation claim and then your employer fired you, demoted or gave you fewer hours, they could be retaliating against you. Employers should not punish workers for seeking benefits they rightfully deserve.
  2. Unfair performance reviews: Unjustly negative performance reviews following a workplace injury can be a red flag. Employers may use this tactic to undermine your credibility or discourage you from pursuing compensation.
  3. Isolation and ostracism: If colleagues and supervisors suddenly distance themselves from you or exclude you from team activities, it could be a sign of retaliation. Employers may create a hostile work environment to pressure you into dropping your claim or quitting.
  4. Unwarranted disciplinary actions: Watch out for undeserved write-ups, warnings or disciplinary actions. Document the incidents and related messages if your boss or others unfairly target you after reporting an injury.
  5. Failure to submit a workers’ compensation claim: If your employer avoids submitting your workers’ compensation claim or delays the process, it could be a form of retaliation. Employers have a legal obligation to promptly report work-related injuries and ensure that employees receive the benefits they are entitled to. 

Remember, you have rights as an injured worker. Employers should not punish or discriminate against you for seeking workers’ compensation benefits or reporting an unsafe workplace. That said, these laws that protect workers are distinct and complicated. As such, it’s not always clear whether specific conduct or statements violate employee rights.

As such, legal guidance can be crucial if you experience any of the signs mentioned above. By understanding your rights and recognizing potential red flags, you can confidently pursue the benefits you deserve.