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Employer Retaliation in Workers' Compensation

Overview of Retaliation by the Employer in Workers' Compensation

Workers' compensation is viewed as the employer's responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being sued personally in court.  In many situations, employees have legal rights and remedies in response to adverse employer actions, such as being fired after complete medical recovery.

Common form of retaliatory discharge is unjustly firing.  This occurs when an employee makes a claim of workers' compensation.  In this situation it is improper for the employer in retaliation to discharge the employer.   Some other examples of Employer retaliation are; unjustifiably poor performance review, failure to promote, demotion, interference with the workers' compensation claims process, refusal to rehire, and many more scenarios.

Legal Remedies for Retaliation in Workers' Compensation

A legal remedy may be avaiable for employees whose employers have retaliated against them for taking workers' compensation action.  Depending on the types of damages and degree of action employers have taken, employee's may be able to seek remedies in this situation.


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