If you have been hurt in a work-related accident, you might be entitled to workers compensation insurance benefits. If approved, you can expect coverage of your medical expenses, a partial disability wage, and a lump-sum payment if you are permanently disabled. Unfortunately, some workplaces suffer from toxicity that creates an atmosphere not very welcoming to hurt workers who file claims. Find out what might happen if you work in such an atmosphere.
What Could Happen
Hurt workers are entitled to benefits, but that doesn't mean the employer has to be happy about it. While you may only see things from your point of view, your employer is dealing with a missing employee and possibly having to pay higher premiums for their coverage in the future. That can cause supervisors and coworkers to retaliate against the worker collecting benefits when they try to return to work. This can cause bad feelings all around. After all, you probably wanted to return to work but were unable to do so until you were cleared by the doctor. As long as the resentment never turns into any of the below actions, things will probably get back to normal again after a bit.
Retaliatory Actions
Any of the below actions could compel you to take your own actions. You cannot be treated badly just for filing workers compensation claim and you are protected by certain laws against such behavior:
- Demotions, suspensions, being fired or laid off.
- Passed over for promotions or special training that might lead to a promotion and being denied raises.
- A reduction in hours, an unwanted change in shifts, or being reassigned to other locations.
- Not provided with overtime opportunities when other coworkers are.
- Subjected to harsher disciplinary actions than others.
Taking Action to Fight Back
The law protects workers being retaliated against. Once you suspect a problem, bring it to the attention of your direct supervisor or follow the chain recommended for filing complaints. With many forms of retaliation, complaining to your supervisor or the human resource office might be considered useless, but you must show that you followed all the correct steps. If things don't improve, speak to an employment attorney. Speak to this attorney about steps to take to file suit against your employer for workplace retaliation. You should be prepared to prove your allegations, however. That means:
- Keep a log or journal of all incidents and don't leave out exact dates and times.
- Make notes each time you speak to your attorney, your supervisor, and others.
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