Are employers allowed to retaliate against workers for making a compensation claim?

Charleston, SC – All workers are legally entitled to file a workers compensation claim if they have been legitimately hurt while engaged in their job duties. Employers are not allowed to retaliate against the person for asserting their rights or utilizing this claim process. There are a number of forms of protection available for workers, and the employer can be sued for various types of compensation if they are guilty of this kind of behavior.  

Reporting the injury

After a worker is hurt, they should notify their employer and start to go through the process to file and document the claim. The employer is required to take all injury claims seriously and contact their relevant insurance provider, as all workplaces in South Carolina and other states are required to carry workers compensation insurance. The reporting process may also include the worker speaking with an insurance company or an administrative board assigned to workers compensation issues. Some employers get angry if they feel that the person will talk about unsafe work conditions or other problems in the workplace, which often provides a motive for retaliation. 

Determining if retaliation took place

Some workers who file for benefits after being injured may find that they are suddenly terminated from their positions, demoted, or experience other adverse consequences. In some cases, this may be because the employer believes that the person is trying to abuse the process or receive pay through illegitimate means. Regardless of the motivations behind their actions, retaliation is illegal. 

Once a worker starts to experience this kind of treatment, they should consult with a lawyer. The attorney or firm may have a number of questions to try to determine if their actions are legitimately retaliation, or whether the employer has an objective basis for disciplining the person. 

Remedies for workers who have experienced retaliation

A person who is successful in their action against their workplace can receive a number of different kinds of damages through a retaliation lawsuit. Their lost income and wages will likely be one aspect of their compensation. It is also possible that the judge assigned to the case may order the employer to place the person in their former position or provide comparable work. Because retaliation is viewed as intentional or malicious behavior, the employer may also have to pay punitive damages as a form of punishment for their actions. 

Contacting a workers compensation attorney

The Clekis Law Firm helps people with various workers compensation issues in the Charleston area. Their attorneys can provide advice and guidance throughout the claim process, as well as during any related issues that may emerge. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com