Like many other states, Georgia has laws to support injured employees through a system known as workers’ compensation. Most businesses are required to have this type of insurance. Unfortunately, some employers retaliate against employees who pursue workers’ compensation claims. However, the law protects employees against employer retaliation.
If you suspect you are experiencing retaliation after filing a workers’ compensation claim, taking immediate steps to safeguard your rights is essential. At Smith Hulsey Law, our workplace injury attorneys are committed to advocating for injured workers facing unfair treatment. Following a work-related injury, you have the legal right to file a workers’ compensation claim. A Gainesville workers’ compensation retaliation lawyer could review the facts of your case, assess the evidence, and hold your employer accountable for penalizing you for exercising your right.
Retaliation refers to adverse treatment that can take various forms. It can be subtle or overt, but it is always unlawful. Employers might discourage employees from filing claims by employing threats or implementing policies that complicate the claims process. Forms of retaliation may include:
While it is not illegal to demote or fire an employee receiving workers’ compensation, an employer is prohibited from doing so due to their claim. Some people may feel they cannot report workplace injuries due to fears of retaliation from their employers. However, workers’ compensation is designed to aid injured workers in recovering without worrying about the burden of medical bills or lost income due to missed work. If an employer retaliates, the employee can file a claim with the help of a workers’ compensation attorney in Gainesville.
If a person believes their employer may be punishing them for filing a work injury claim, it is essential to act promptly to protect their rights.
Keep detailed records of any actions that seem questionable. This includes:
The more documentation someone gathers, the stronger their case will be.
Look at performance reviews, treatment, and duties throughout their employment. A sudden negative change in treatment could serve as evidence of retaliation.
If an individual feels comfortable doing so, they should report the issue to their company’s human resources department. This allows their employer to address the problem and creates a formal record of their complaint. If internal reporting does not resolve the issue, they may need to file a formal retaliation complaint with the relevant government agencies.
In addition to these steps, a person should seek legal advice as early as possible. A Gainesville lawyer experienced in workers’ compensation retaliation could assess their situation, advise them on their rights, and help them navigate the process of filing a formal complaint or lawsuit if necessary.
If you suspect your employer is retaliating against you for filing a workplace injury claim, consulting with a Gainesville workers’ compensation retaliation lawyer is essential. Fortunately, you do not have to face these challenges alone. A knowledgeable attorney could inform you of your rights and protections while advocating for maximum compensation. Reach out to Smith Hulsey Law today to discuss your situation.
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