Back injuries and repetitive motion injuries such as carpel tunnel syndrome are among the most common work-related injuries for which workers' compensation benefits are paid. Contact an attorney to determine whether you have a valid claim.
Indiana Workers' Compensation Attorneys
If you have been injured on the job, your first inclination may be to report the injury to your employer's HR department, complete claims forms and trust the "powers that be" to see to it that your workers' comp benefits are paid.
What you may not realize is that both your employer and the workers' compensation insurer have different priorities than you do. Your goal is to get better and to have your financial needs met: getting doctors' bills paid and replacing lost wages. Their goals include paying out as little as possible and closing your case as soon as possible.
Golitko & Daly, P.C. has valuable information to share with you as you begin to confront the system after a workplace injury. Talk to us if your workers' comp benefits have been denied.
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Your workplace injury may also involve third party liability if a product or subcontractor's negligence contributed to the accident. Ask our lawyers to evaluate your on-the-job injury case in detail.
If you have already made a workers' compensation claim, you may have been assigned to a doctor of your employer's or their insurer's choosing. Discuss with our law firm your right to be seen by your own physician if you prefer. Call or e-mail Golitko & Daly, P.C. to schedule a consultation.
Employer Retaliation against the Workers' Compensation Claimant
Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court or about potential liability for large verdicts.
Unfortunately, even in this spirit of compromise, sometimes an employer may retaliate against an employee for filing or even talking about filing a workers' compensation claim. In most states, employees have legal rights and remedies in response to such adverse employer actions. If you encounter retaliation from your employer in a workers' compensation matter, an experienced workers' compensation attorney at Golitko & Daly, P.C. in Kokomo, Indiana, can advise you of your legal options.
Examples of Retaliation
Most commonly, people think of employer retaliation in the form of retaliatory discharge - unjustly firing an employee for pursuing his or her workers' compensation rights. But improper employer retaliation can also come in other forms short of termination, such as discrimination or harassment in the following ways:
- Undeservedly poor performance review
- Failure to promote
- Adverse wage action
- Isolation or intimidation in the workplace
- Demotion
- Threats of adverse action
- Negative reassignment, reclassification or transfer
- Interference with the workers' compensation claims process
- Refusal to rehire
- Negative action vis-à-vis employment benefits or terms of employment, such as insurance, vacation or scheduling
- Unreasonable increase or decrease in job duties
- Unwarranted disciplinary action
- Undeservedly negative employment references
- Retaliation against a co-employee testifying in support of a claimant or cooperating in the investigation
Legal Remedies for Retaliation
Although a relatively recent development, most states have some legal remedy for employees whose employers have retaliated against them for taking workers' compensation action. Many states have legislatively created legal protections for such employees. These remedies may be available through state agencies and/or in court actions. Even where legislative action has not protected such workers, many states' courts have allowed retaliatory discharge lawsuits for exercising workers' compensation rights. Some states allow both statutory and court-created or common-law remedies; other states may only provide for one or the other. The remedies available vary from state to state, so it is a good idea to consult a lawyer to learn about your particular options.
Even if your state has not recognized these remedies for employer retaliation in the workers' compensation setting, there may be other ways to find legal help.
Justifiable Employer Action
Employers may still legitimately terminate or discipline any employee, regardless of workers' compensation status, as long as the negative action is not a pretext for workers' compensation retaliation and the action does not violate any other employment laws.
Conclusion
Stand up for yourself if you have been the victim of employer retaliation in response to the exercise of your workers' compensation rights. A skilled attorney from Golitko & Daly, P.C. in Kokomo, Indiana, can advise you of the law in your state surrounding workers' compensation retaliation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
