What if My Employer Retaliates Against Me for Filing a Workers Comp Claim?

The primary purpose of Workers Compensation benefits is to compensate employees for injuries they suffer while at work or performing a job-related activity, without needing to prove who was at fault for the injury.  In exchange for these benefits, the covered employees agree not to file a lawsuit against their employer relating to those injuries.  As useful as these benefits can be, if making a Workers Comp claim may lead to retaliation by your employer, the benefits may not seem worth the risk. What is Workers Comp Retaliation? The legal definition of retaliation (in the employment context) is basically taking an “adverse employment action” against an employee for “engaging in legally protected activity.” Filing a claim for a work-related injury, under the Worker’s Compensation Act, is considered a legally protected activity, because employees are legally authorized to file such claims.  Therefore, the employee is protected from any negative consequences from his or her


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