California prohibits employers from retaliating after an employee files a workers’ compensation claim. When an employee makes a claim in good faith, their employer cannot punish them. Retaliating employers may face liability. If you believe your employer has retaliated against you for filing a workers’ compensation claim, you may have options for recourse with the help of a well-versed workers’ compensation attorney.
Employers guilty of retaliation could increase their liability. A skilled Downey workers’ compensation retaliation lawyer at Glauber Berenson Vego could help you explore your options.
Worker’s compensation is a type of business insurance that provides medical benefits and wage replacement for employees who are injured during work. These benefits are usually less than what an employee would get in a personal injury lawsuit. However, the employee does not have to prove that the employer was at fault in order to get the claim.
California requires most employers to carry workers’ compensation insurance. Employers who have this insurance get their own protections, and their employees cannot sue them for negligence. A Downey lawyer can explain the relationship between workers’ comp and personal injury lawsuits as if applies to a person’s claim.
Proving retaliation requires more than establishing that an employer took adverse action against an employee for submitting a workers’ compensation claim. An employee must have proof of their employer’s negative reaction to a workers’ comp claim. An employer who acts against an employee for another reason is not guilty of retaliation.
Firing an employee is not the only type of prohibited retaliation. Demoting and disciplining could also be examples. The behavior does not have to impact the worker’s job directly. Threats, verbal abuse, and harassment are also prohibited.
Not all retaliation is blatant. If an employer’s behavior toward an employee becomes negative after a workers’ compensation claim, it may be retaliation. Moving a worker to a worse shift, negatively reviewing an employee, or assigning unfavorable jobs could be examples, too.
Few employers are going to tell on themselves. If they take action against a worker, they probably give an alternative reason. However, an employee’s work history before filing the claim may reveal the truth. A worker’s compensation attorney who handles retaliation claims in Downey could help investigate the validity of the employer’s reasons for retaliation.
Because retaliation can be subtle, workers may wonder if they are experiencing it. Knowing the signs can help people identify this toxic, and illegal, behavior.
Isolation in the workplace is a classic sign of retaliation. When coworkers and supervisors begin freezing out an employee, isolating them, and ignoring them, it can be a sign of workplace retaliation. While coworkers do not have to be friends with someone, a sudden chill in behavior can indicate signs from the top that the worker is no longer in favor. On the other hand, some employees may experience harassment or bullying in retaliation for their workers’ comp claim.
Workplace reassignments are another sign of retaliation. Even when jobs pay the same amount, there may be jobs that are more desirable. Being transferred to a worse shift, for example, is one sign of retaliation. In addition to shift changes or reassignments, getting fewer hours or getting a pay cut are other signs.
Firing a good employee is probably the most apparent sign of retaliation. However, employers can negatively impact someone’s career without firing them. Failing to give people raises or promotions, which would have usually been part of their career progression, is another type of retaliation. In Downey, a workers’ compensation attorney can help employees understand when adverse workplace treatment is retaliation.
There are three basic steps in a retaliation claim. First, the employee has to establish a prima facie, or first impression, case of retaliation. A lawyer will gather the evidence to prove that, after a person’s workers’ compensation claim, the workplace became more hostile or there was a negative impact on their opportunities. The employer gets to rebut that presumption by providing a legitimate reason for this behavior.
Employers will almost always be able to provide a legitimate reason for the behavior change. The attorney’s job is to show that the legitimate reason is just a pretext for their retaliatory behavior. A Downey workers’ compensation retaliation attorney will work with a person to build up evidence that stands up to the employers’ challenges.
While workers’ compensation laws may seem to favor employers, its anti-retaliation laws favor employees. When your employer treats you negatively after you file a workers’ compensation claim, you may be able to prove retaliation and be entitled to damages. In some instances, you may even be able to return to your job.
Schedule a consultation with a skilled Downey workers’ compensation retaliation lawyer to explore your options. The diligent legal professionals at Glauber Berenson Vego are here to help.
