Combat retaliation after suffering workplace injuries

On Behalf of | May 21, 2020 | Workplace Injuries

A sudden incident on the job could easily result in an injury. In many cases, workplace injuries cause workers to need time off because they are unable to perform their regular work duties. Commonly, workers’ compensation can help address the financial difficulties stemming from such a scenario, but it is possible that an employer could deny a workers’ comp claim or even retaliate for a claim.

California readers may be interested in an out-of-state worker who had such an experience. According to reports, the man was a server at a restaurant when he hurt his ankle on the job. His ankle swelled to a considerable size, and he informed his supervisor of the injury he suffered. However, the supervisor denied that the injury occurred while the man was working and did not file an incident report.

The worker asked about filing a workers’ comp claim, but the supervisor stated that the man would not receive a promotion if he filed a claim, and also denied the worker accommodations for continuing to work despite his injury. As a result, the man could not work for at least 30 days, and he was fired as a result. The worker filed a lawsuit against the restaurant for violating state laws as well as federal laws regarding workers’ comp and retaliation. The suit ended in his favor.

It can be a major setback to suffer workplace injuries, and having a supervisor deny a claim or threaten retaliation for filing a workers’ compensation claim can make the ordeal even worse. As this case shows, California workers may need to consider their legal options if they face such mistreatment on the job. Contacting knowledgeable workers’ comp attorneys could help employees ensure that their rights are upheld.

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