What Qualifies as Retaliation Against a Workers’ Comp Claimant?
Workers’ compensation law requires employers to provide workers’ comp insurance coverage to all their full-time and part-time employees, as well as facilitate the workers’ comp claims process on behalf of injured or sick employees without any unreasonable delays or obstructions. An employer who tries to interfere with the claims process, implicitly discourages employees from filing claims, or explicitly threatens them if they try to file a claim, is violating the law and can be held civilly liable for damages stemming from their misconduct.
Examples of behavior that could constitute legally actionable retaliation against an employee who plans to file or has already filed a workers’ comp claim include:
- Making derogatory comments or isolating the claimant from fellow employees
- Subjecting a claimant to unwarranted performance reviews or overly scrutinizing and controlling their daily performance at work
- Demoting the claimant to a lower position at work, transferring them into an unwanted role, or reducing their pay and work-related benefits
- Pressuring the claimant to resign from their job or directly terminating their employment
Our attorney experienced in retaliation against workers’ compensation in Los Angeles could discuss your unique circumstances with you during a confidential consultation and offer guidance about what legal options you may have.
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