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Could someone sue over workers’ compensation retaliation?

| Jan 19, 2021 | Workers' Compensation

The law establishes a legitimate way for employees to receive compensation when injured on the job. An employee who gets hurt while performing job duties in Massachusetts could file for workers’ compensation. With worker’s comp, the employee collects insurance payments that, hopefully, cover their expenses while unable to work. Unfortunately, problems may arise when the employer chooses to retaliate against an employee for making a legitimate claim.

Employer retaliation for workers’ compensation claims

In Massachusetts, the state follows no-fault rules for workers’ compensation. That means the employer need not be negligent for the employee to file for and collect unemployment compensation. Employees do not pay anything into the insurance system, and employers might find their premiums increase after employees file claims.

Employers, unhappy about the situation, may take retaliatory actions against employees who file for workers’ compensation. Retaliating against employees who file for workers’ compensation is not legal in Massachusetts. However, illegal things could still occur.

Employers might retaliate against an employee in several ways. Adverse actions could come in the form of termination, demotions in duties and responsibilities, pay reductions, harassment and more. All forms of retaliation could potentially yield negative consequences as employees may find their careers affected even when not fired. Someone demoted to a less essential job might find future career prospects undermined, for example. If an employee faces retaliatory actions, he or she may find it necessary to seek attorney representation to address the situation.

Legal options for those who experience retaliation

Victims of workers’ compensation retaliation may file a lawsuit. A wrongful termination lawsuit might be the recourse the employee seeks if he or she was fired. The plaintiff may need to provide a significant amount of proof for a successful case, so they may seek help from an attorney to present clear evidence in court.

Workers’ compensation retaliation is illegal in Massachusetts, and victims have a right to take legal action. An attorney may help affected workers in court or negotiate a settlement.

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