One of the many fears people injured on the job have is how their employment could be affected if they file a worker’s compensation claim.
Simply put, most states – Massachusetts included – make it illegal for employers to retaliate against any employee who files a worker’s compensation claim.
However, to ensure your claim goes as smoothly as possible, there are some factors to consider:
REPORTING YOUR WORKER’S COMP CLAIM
Immediately following a workplace injury, you should immediately report the incident with your employer. That’s because many businesses have established protocols when it comes to these claims, and you want to ensure you follow the letter of the law.
UNDERSTANDING EMPLOYEE RETALIATION IN MASSACHUSETTS
Employee retaliation occurs when an employer punishes a worker for exercising his or her legal rights. This doesn’t have to mean being fired. It could be something as simple as reassignment or a negative performance review.
If you are injured at work due to unsafe working conditions, you have even more protected rights: the Occupational Safety and Health Administration (OSHA) has protections in place for employees who report unsafe working conditions, known as whistleblower protections.
Learn more about the Whistleblower Protection Programs now
If you believe you’ve been fired because of your worker’s comp claim, you may be able to file a wrongful termination lawsuit. However, precedent has proven that retaliation claims are hard to prove.
Throughout our work representation injured workers throughout the Greater Fall River area, we’ve made it our mission to protect the rights of our clients. Not only do we ensure that our clients receive the worker’s comp settlements they deserve, but we also fight to protect them from an illegal or improper firing.
Learn more about the $4.27million settlement we won for a client injured while on the job
With over 35 years of legal experience in Fall River, MA, and over $100 million won in verdicts and settlements, Workers’ Comp lawyers Steve Sabra and Matthew Aspden are well-versed in representing the rights of those injured through the actions of others.
Learn more about how to set up a free case evaluation.