Retaliation For Worker’s Compensation Claims
Although every individual will experience some sort of injury through the course of his or her lifetime, people usually make every attempt to responsibly prevent accidents from happening. If an accident occurs at work, there are many complications that may cause serious problems for the injured party, including lost wages, medical expenses, and tension between the worker and the employer.
Fortunately, most states provide protection for employees against retaliation from businesses for worker’s compensation claims. Business owners should understand that on-the-job accidents may happen and they should be prepared to deal with the consequences of such incidents. Employers should make sure to provide adequate workers’ compensation coverage for all employees and should be ready to handle issues as they arise.
Employees who are injured on the job may be fearful of the consequences of their actions. If a person is hurt while behaving in a negligent or reckless manner, he or she may not be eligible for worker’s compensation benefits. If the person was behaving in the correct manner and was injured in a genuine accident, they should be able to report the incident without fear of retaliation or condemnation from their employer.
Business owners and managers should be supportive of employees who come to them with a worker’s compensation claim in good faith. Most of the time, the employee may simply wish to have his or her injury addressed, examined, and taken care of so that they may return to work as soon as they recover. Worker’s compensation allows employees to address injuries and rehabilitate them without significant financial cost.
If a business owner retaliates against an employee for filing a worker’s compensation claim, the employee may be able to file a lawsuit against the employer. Lawsuits may seek compensation for medical bills, pain, suffering, lost wages, and punitive damages for the employer’s actions. If the employee can prove that the employer acted against him or her in a malicious manner, the court may award additional judgments against the business.
Injuries that occur in the workplace can have a serious affect on the injured party and the business. While the employee often has to face medical care and expenses, the employer often has to deal with a reduction of workforce, lowered productivity, and safety inspections to make sure the accident is not repeated.