Employees who have filed for workers compensation benefits and then suffered retaliation can turn to an on the job injury attorney in Middletown, New Jersey at Rispoli & Borneo for protection. Unfortunately, when an employee gets hurt or becomes ill due to the workplace, he or she may assume that the situation will be handled with respect and diligence. Sadly, many employers may retaliate against an employee for using workers compensation coverage. What many employees may not know, is that such behavior from an employer may be unlawful, and legal action can be taken for such mistreatment.
Retaliation Defined
Retaliation occurs when an employer punishes an employee due to applying for or receiving workers compensation coverage. An employer may take action against the employee in subtle or more obvious ways. Retaliation can come in many forms, but the most common is being terminated from the company. State laws prohibit an employer from letting an employee go for using workers comp coverage. If you have suffered any of these actions from your employer, we highly recommend meeting with a Middletown NJ on the job injury attorney at Rispoli & Borneo for help:
- Moving the employee to another department
- Inflicting a demotion and/or pay decrease
- Verbal threats and/or indirect harassment
- Creating a hostile working environment
- Preventing the employee from receiving promotional opportunities that he or she is eligible to receive
- Decreasing work hours (even severely enough that the worker goes from full-time to part-time)
- Other unwarranted disciplinary action
Employees Are Protected by Law
By law, employers are not permitted to punish an employee for a workers compensation claim. Employees do have rights under state law that if they are hurt or ill while on the job due to a work-related task, they are eligible for medical care and compensation for lost wages from the company. If the injury or illness was particularly severe, then this may come at a huge loss for the employer. Due to pressures of saving the company money, an employer may try to get the employee’s claim denied, benefits canceled, or commit some other form of retaliatory behavior.
If your boss has treated you differently since applying for or using workers compensation benefits, we urge you to seek assistance from a Middletown NJ on the job injury attorney at Rispoli & Borneo right away.
What Makes Proving Retaliation Tricky
While in your eyes it is plain to see that retaliation has happened to you, it must be proven in court in order for you to win your case. Proving retaliation can be tricky because your employer may make up reasons why you didn’t receive that promotion or raise, had a decrease in hours, were reassigned to another department, etc. So, it often requires strategy from an experienced attorney to uncover the truth behind certain actions. We can assess your situation and advise on the best path towards making things right.
We understand the pressure and stress you may be enduring, so we encourage you to not battle this alone. If you are plagued by retaliation from your employer, please contact an on the job injury attorney Middletown clients recommend at Rispoli & Borneo, P.C. quickly so we can get started protecting you from further mistreatment.