Experienced Attorneys Fighting For Your Financial Rights

What if your employer retaliates when you file for workers’ comp?

On Behalf of | Aug 3, 2023 | blog, workers' compensation |

Workplace injuries can cause significant disruption in an individual’s life. Workers’ compensation is there to help those injured on the job. However, some employees fear filing a workers’ compensation claim because they worry about potential retaliation from their employer.

Retaliation can take many forms, including termination, reduction in hours or unwarranted disciplinary actions. Know your rights as an employee in Nebraska and understand what steps to take if you encounter retaliation after filing a workers’ compensation claim.

Nebraska law safeguards you against retaliation

Nebraska Revised Statute 48-1114 makes employer retaliation against an employee illegal. If you experience retaliation, you can pursue legal action against your employer for violating this law.

The fallout for employers

Employers in Nebraska found guilty of retaliating against an employee for filing a workers’ compensation claim can face severe repercussions. The authorities may order the employer to reinstate the employee, pay back wages or provide other forms of compensation. The employer could also face fines or other penalties.

Your course of action

If you think your employer is retaliating against you for filing a workers’ compensation claim, you must document every instance of retaliation. This documentation could include records of any negative performance reviews, disciplinary actions or unfair treatment that occurred after your claim.

You will also need to gather any evidence showing different treatment after filing the claim compared to before. Report the issue to your human resources department. You might also want to consider filing a complaint with the Nebraska Equal Opportunity Commission.

Retaliation for filing a workers’ compensation claim is not only unfair; it is illegal. You should not endure negative consequences for seeking the benefits you need and deserve after a workplace injury. In Nebraska, you have the right to file a workers’ compensation claim without fear of retaliation, and if your employer retaliates, you have the tools to address it.