Raleigh Employer Retaliation for Workers’ Compensation

Workers' Comp Lawyer Serving Raleigh, Greenville, Jacksonville, New Bern and Kinston

Many would say that workers’ compensation is a compromise between employer and employee. Workers give up the right to sue for work accidents and injuries in return for monetary rewards. Employers are expected to accept responsibility for all injuries and illnesses. This is true even if the employer is not at fault. The employer no longer has to worry about fighting an employee in court.

Employers sometimes retaliate against employees who file a workers’ compensation claim. If you experience retaliation from your employer due to a workers’ compensation claim, an attorney can advise you of your rights as an employee. To discuss your specific case and what can be done to remedy this situation, call a Raleigh workers' compensation lawyer at our law offices at 1-800-598-0456. We represent injured workers throughout North Carolina and have offices in New Bern, Raleigh, Greenville, Kinston and Jacksonville to serve you.

What Are Some Examples Of Retaliation?

Employer retaliation is often thought of in terms of the employer firing an employee wrongfully for pursuing his or her workers’ compensation rights. Although this is true, retaliation comes in many other forms. Retaliation can also come about in the form of harassment and discrimination in the following ways:

• Giving undeservedly poor performance reviews
• Not promoting a deserving person
• Cutting wages
• Intimidation or isolation in the workplace
• Demotion
• Threatening employees of negative actions against them
• Interfering with the claims process
• Refusing to rehire
• Negative action against benefits or terms of employment
• Being unreasonable with increases and decreases in job duties
• Uncalled-for disciplinary action
• Giving negative employment references
• Retaliation against anyone working with an employee who supports his or her claim or cooperates in an investigation

Legal Ways to Remedy Retaliation

Most states have a certain number of legal remedies for employers who retaliate against employees who take action with workers’ compensation. Many states have also included legal protections created on the legislative level. These are usually available through court actions or state agencies. If employees are not protected by legislative means, many states have mandated the ability for an employee to file a retaliatory discharge lawsuit. Statutory and court-related or common-law remedies are allowed by some states, although some states will only provide one or the other. Since laws vary from state-to-state, it is wise to consult a lawyer in order to learn the best options available. If your state does not recognize remedies for employer retaliation, there may be others ways for you to get the help you need.

Justifiable Employer Action

Legitimate termination and/or discipline are still a right of any employer. This is even true if a workers’ compensation claim is active. The termination is legitimate as long as the employee’s action is not linked to their workers’ compensation claim. The termination and/or discipline given must not violate any employment laws.

Attorney for Employee Rights in Raleigh, North Carolina

If you have been the victim of employer retaliation, you must stand up for your rights. A skilled attorney from our law firm can advise you of the laws in your area and help you build your case. To get started in receiving the help you need, contact a Raleigh workers' compensation attorney at The Whitley Law Firm today.