Employer Retaliation and Your Workers’ Comp Rights

Written by Bryn Swartz on .

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When you’re hurt in a work accident, you may just want to get your Workers’ Comp benefits and focus on your health. But that may not be so easy to do when your employer tries to retaliate against you.

If you believe your employer has retaliated against you for filing a Workers’ Comp claim, you may need to speak with a lawyer about your Workers’ Comp rights. Retaliation is never ok, and you may have grounds for a claim to get the Workers’ Comp benefits you’re due.

Is Employer Retaliation Legal?

Many employees worry about reporting a work accident out of fear that their employer will retaliate against them. You may be worried about being blamed for the accident, refused Workers’ Comp benefits, or even demoted or fired from your job.

But your employer has no legal grounds to do this. Employer retaliation is illegal, and they may face stiff fines and other penalties if they retaliate against you for seeking Workers’ Comp benefits.

Your Rights as an Injured Worker

As a worker, your rights are protected by Virginia law. If you’re injured in the scope of your job, you may be entitled to certain benefits. For example, you shouldn’t have to pay out of pocket for any medical expenses related to the work accident. You may also be due compensation for the lost wages you suffered while unable to work.

Because of this, you also have a right to file a claim against your employer if they retaliated against you. As a worker, you should be protected by state law from these acts of retaliation.

How Your Workers’ Comp Lawyer Can Help

Of course, it’s not easy to fight back against employer retaliation without help. You may need a Workers’ Comp lawyer to step in and represent you. You may also need their help to prove your employer fired you, for example, out of retaliation, not for legitimate reasons.

If you’ve never filed a lawsuit before, it can be difficult to get started. You may not have the resources to prove your employer was acting unfairly when they fired, demoted, or otherwise disciplined you for filing a lawsuit. Acting within Virginia time limits to file a lawsuit may also be difficult, but acting too late may lead to a dismissal of your claim.

You may also simply not have the time and energy to represent yourself. Even if you had the right tools, you’re hurt, and you may be struggling to focus on your everyday concerns. Luckily, a lawyer can help you file, no matter how difficult your situation is.

Talk to a Lawyer if Your Employer Retaliated Against You

When you’re hurt on the job, you shouldn’t have to worry about losing your job or facing other penalties for the accident. Unfortunately, many Virginia workers face this difficult situation, and many are worried they won’t receive Workers’ Comp benefits when they need them.

If you’re concerned that your benefits may be denied or that your employer may retaliate against you, reach out to Pathfinder Injury Law. Our firm has the resources you need to seek the benefits you need for your recovery and to protect yourself from retaliation. To get started with a free consultation, call 804-505-0633 or fill out the online contact form below.

Bryn Swartz

Written By Bryn Swartz

Bryn Swartz is passionate about helping others navigate work-related injuries. Read more from the founder of Pathfinder Injury Law in VA.

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