Can You Be Fired for Filing a Workers’ Compensation Claim? Understanding Retaliation Laws
Suffering an injury at work can be stressful enough without the added fear of losing your job. Unfortunately, some workers hesitate to file a claim because they worry their employer will retaliate against them. Indiana law provides important protections for employees in this situation, making it illegal for an employer to fire or punish you simply for exercising your right to workers’ compensation benefits. Understanding these protections and what to do if they are violated can help you feel confident in moving forward with your claim.
Filing a Claim Is Your Legal Right
Workers’ compensation laws in Indiana are designed to ensure that employees injured on the job receive medical treatment and wage replacement benefits. Filing a claim is not optional—it is a right guaranteed under state law. If you are injured while performing your job duties, your employer is required to carry workers’ compensation insurance that provides these benefits. Seeking help from an experienced Indianapolis workers’ compensation lawyer can make sure your claim is filed correctly and that your employer respects your legal rights throughout the process.
What Retaliation Looks Like
Retaliation can take many forms beyond simply firing an employee. Some workers may face reduced hours, demotion, negative performance reviews, or exclusion from projects after filing a claim. Others may feel pressure from supervisors to resign or accept unfavorable work conditions. These actions are unlawful if they are motivated by your decision to seek workers’ compensation benefits. It is important to recognize these signs early and document anything that seems retaliatory.
Indiana Retaliation Protections
Under Indiana law, it is illegal for an employer to fire or discriminate against an employee for filing a workers’ compensation claim. These protections are designed to ensure workers are not forced to choose between reporting an injury and keeping their job. If retaliation does occur, you may have grounds for a legal claim against your employer in addition to your original workers’ compensation case. Courts take these violations seriously, and remedies can include reinstatement, back pay, and compensation for other losses.
Burden of Proof in Retaliation Cases
In retaliation cases, the burden often falls on the employee to prove that the adverse action was directly connected to the workers’ compensation claim. Employers may argue that termination or discipline was due to unrelated issues, such as performance or restructuring. Evidence like emails, witness statements, or suspicious timing between the claim and the retaliatory action can help build a strong case. Having an attorney who understands both employment and workers’ compensation law is crucial in navigating these complexities.
Understanding Retaliation in the Workplace
Employers may retaliate against injured workers for various reasons, including the cost of increased insurance premiums, staffing disruptions, or a simple misunderstanding of the law. In some cases, retaliation may stem from a supervisor’s frustration rather than a company-wide policy. Regardless of the reason, retaliation is illegal and undermines the purpose of the workers’ compensation system, which is to protect workers and support safe workplaces.
Protecting Yourself Against Retaliation
If you are concerned about retaliation, there are steps you can take to safeguard your rights. Report your injury and claim promptly, keep detailed records of any retaliatory actions, and maintain open communication with your healthcare provider and attorney. By documenting everything, you create a paper trail that strengthens your case should retaliation occur. Seeking early legal guidance can also help deter employers from attempting to retaliate in the first place.
Your Rights and Your Recovery
Filing a workers’ compensation claim should never cost you your livelihood. Indiana law provides strong protections to ensure injured workers can access the benefits they need without fear of retaliation. Knowing your rights and being prepared to enforce them empowers you to focus on recovery rather than worrying about job security.
Contact Lee Cossell & Feagley, LLP
The fear of retaliation should never stop you from pursuing the benefits you are legally entitled to after a workplace injury. Our attorneys have successfully guided countless workers through claims while holding employers accountable for unlawful treatment. We know the tactics companies use to intimidate injured employees, and we are prepared to stand up for your rights.
If you believe you have been punished or threatened for filing a claim, it’s time to get help. Trust the experienced team at Lee Cossell & Feagley, LLP, to protect your job, your benefits, and your future.