Every state prohibits employers from retaliating against employees who file workers' compensation claims. Despite these protections, some employers still punish workers for reporting injuries or seeking benefits. If you've faced retaliation for filing a workers' comp claim, you have legal options beyond your original injury claim.
What Is Workers' Compensation Retaliation?
Workers' compensation retaliation occurs when an employer takes adverse action against an employee because they filed a workers' comp claim, reported a workplace injury, or exercised their rights under workers' comp laws. Retaliation is illegal—these laws exist to ensure workers can seek medical treatment and benefits without fear of punishment.
Common Forms of Retaliation
Retaliation can take many forms, some obvious and others subtle:
Termination is the most blatant form—being fired shortly after filing a claim. But timing alone doesn't prove retaliation; the employer may have legitimate reasons. The key is whether the claim was a substantial factor in the decision.
Demotion or reduced hours can financially punish workers without outright firing them. Being moved to a lesser position, having your hours cut, or losing preferred shifts after filing a claim may constitute retaliation.
Hostile work environment includes harassment, increased scrutiny, unfair discipline, isolation from coworkers, or assignment to undesirable tasks—all designed to pressure you to quit or withdraw your claim.
Denial of opportunities such as passing over injured workers for promotions, raises, training, or preferred assignments punishes them for exercising their rights.
Threats and intimidation including warnings that filing will result in negative consequences, pressure to not report injuries, or discouraging workers from seeking medical attention.
Proving Retaliation
To prove workers' comp retaliation, you typically must show: you filed a workers' comp claim or reported a workplace injury (protected activity), your employer took adverse action against you, and there's a causal connection between your protected activity and the adverse action.
Evidence that supports retaliation claims includes close timing between your claim and the adverse action, statements by supervisors or managers about your claim, different treatment compared to employees who didn't file claims, departure from normal company procedures, pretextual or shifting explanations for the adverse action, and a positive work history before filing your claim.
The Employer's Defense
Employers typically argue that adverse actions were based on legitimate, non-retaliatory reasons—poor performance, policy violations, economic layoffs, or business restructuring. Your employer doesn't have to keep you employed just because you filed a workers' comp claim—they can still discipline or terminate you for legitimate reasons unrelated to your claim.
The question is whether your protected activity was a substantial or motivating factor in the decision. If you can show the employer's stated reason is pretextual (not the real reason), that supports your retaliation claim.
State Anti-Retaliation Laws
Every state has laws protecting workers from retaliation, though specifics vary. Some states include anti-retaliation provisions in their workers' compensation statutes; others have separate wrongful termination laws. Remedies typically include reinstatement, back pay, front pay, compensatory damages, and sometimes attorney fees.
Some states also provide for punitive damages against employers who retaliate in bad faith. Check your state's specific laws to understand your rights and remedies.
Time Limits for Retaliation Claims
Strict deadlines apply to retaliation claims, and they're often shorter than you might expect. Some states require filing within 30-90 days of the retaliatory act; others allow one to three years. Missing the deadline typically bars your claim entirely, so act promptly if you believe you've been retaliated against.
Documenting Retaliation
Build your case by documenting everything: keep copies of your workers' comp claim paperwork and all correspondence. Save any written warnings, performance reviews, or disciplinary actions. Note dates, times, and witnesses to verbal statements or incidents. Preserve emails, text messages, and voicemails. Request copies of your personnel file and company policies.
Retaliation vs. Legitimate Actions
Not every negative action after a workers' comp claim is retaliation. Your employer may legitimately be unable to accommodate your restrictions, your position may be eliminated in a genuine reorganization, or you may have performance issues predating your claim.
However, employers sometimes manufacture documentation to justify retaliation. If you had no performance problems before your injury and suddenly receive negative reviews or write-ups afterward, document this suspicious pattern.
What to Do If You Face Retaliation
Report internally first if your company has HR or a complaint process—this creates a record and may resolve the issue. If retaliation continues or reporting internally is futile, consult an employment attorney who handles workers' comp retaliation cases.
You may also file a complaint with your state's workers' compensation agency or labor department, which may investigate and pursue remedies on your behalf.
Your Legal Options
Retaliation claims are separate from your workers' compensation case. You can pursue retaliation claims in civil court while continuing to receive workers' comp benefits. Many employment attorneys handle these cases on contingency, meaning you pay no upfront fees—the attorney is paid from any recovery.
Don't let fear of retaliation stop you from filing a legitimate workers' comp claim. The law protects you, and employers who violate these protections face significant liability.