Discrimination for Work Related Injuries

Experiencing an injury while at work can be incredibly troublesome. Not only will you be required to take time away from work and wages to recuperate, you may have suffered from an injury that permanently disables you. Even worse, if you are retaliated against in the workplace in the form of a demotion, pay cut or even job loss, you may have experienced employment discrimination. Your next steps may be to contact a workers’ compensation attorney if you believe that you have been retaliated against. They can be helpful in reviewing your case to determine if you can take legal action.

Workers’ Compensation & Employment Discrimination

Workers’ compensation is a benefit that is carried by a majority of employers in the event that an employee is injured at work. When an employee receives workers’ compensation benefits they are provided with:

  • A portion of their paycheck while they are out of work
  • Job protection during the time that they are out of work
  • Coverage for all medical expenses related to the injury (both past and future)

It is important to note that once you agree to workers’ compensation, in most situations you waive your right to file a lawsuit against your employer. You will want to make sure you consult with a workers’ compensation attorney prior to making this agreement with the insurance company. You will want to ensure that you are making the decision that is right for you.

A number of people may not take action if they are injured in the workplace. In some cases, for fear that their employer will retaliate against them in some way. This is considered a form of discrimination and is a direct violation of your rights. Employment discrimination is when a person is treated differently in the workplace because of one or more of the following:

  • Age
  • Pregnancy
  • Retaliation
  • Sexual Harassment
  • Race
  • Ethnicity
  • Religion
  • Disability

If you believe you have experienced some form of employment discrimination, it may be in your best interest to consult with an attorney.

Retaliation

Retaliation is when an employer takes revenge for an employee filing a complaint or engaging in an activity that they have specific protections around.  Retaliation laws are in place to help provide assurances to employees from experiencing adverse effects related to coming forward for filing complaints of sexual harassment, employment discrimination and workers’ compensation. Retaliation in the workplace can include a variety of things, for example:

  • Wrongful Termination
  • Harassment
  • Job duties becoming for difficult
  • Lowered Wages
  • Demotions
  • Poor performance evaluation

Proper Next Steps for Retaliation Cases

A Brooklyn workers compensation lawyer can ensure that you take the appropriate next steps in a retaliation case. You will need to determine whether or not you would like to take legal action. You will want to gather as much evidence against your employer as possible. More specifically, you will need to prove that your employer retaliated against as a result of your workers’ compensation claim.

It can be frustrating to experience an injury at work to then find that your employer is treating you unfairly as result. It’s hard to figure out how to advocate for yourself and protect yourself from these sorts of infractions. With the assistance of an attorney who is experienced in this area of practice, your interests can remain at the forefront. They can help you manage the complexities of the law and advocate for your interests.  

 


 

Thank you to our friends and contributors at Polsky, Shouldice, and Rosen, P.C. for their insight into work related injuries.

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