In Georgia, workers’ compensation insurance is required for most businesses. However, in some cases, the employer may lash out at the injured employee by changing their work environment, reducing their benefits, or even terminating them.
Victims of such treatment do not have to bear these consequences. Let a Winder workers’ compensation retaliation lawyer help you get retribution for unfair treatment. At Smith Hulsey, our dedicated legal advocates could fight for your rights and work to obtain the compensation you deserve.
Workers’ compensation is required for most businesses in Winder as a means of legal protection. It protects the employer from a lawsuit in the event of a workplace accident, and the injured employee receives payment for damages without having to take the case to court if their claim is approved.
It is not illegal for employers in Winder to fire employees who are receiving workers’ compensation benefits. However, if there is proof that the employee was terminated because of their workers’ comp claim, it could be deemed employer retaliation. A workers’ compensation lawyer in the area could help determine whether or not a particular case constitutes retaliation.
Employee termination is not the only form of retaliation by an employer. Other common examples include:
It is important to note that some injuries require limited or lighter duties during the recovery process. If a medical professional recommends that an employer place an injured employee in a less intensive role, doing so is not considered retaliation. However, demoting an employee because they have filed for workers’ compensation is a clear example of retaliation.
Some people may think it is better to keep quiet about an injury they sustained at work for fear of retaliation from their employer. However, this is never recommended, especially if the injury keeps someone from performing optimally at work.
Workers’ compensation insurance is there to enable victims of workplace accidents to recover without worrying about how they will pay for treatment or handle a loss of income resulting from missed work. If an employer retaliates, the employee can file a claim with the help of a workers’ compensation attorney at our Winder office.
There are three common types of lawsuits that employees may file for retaliation from their workers’ compensation claims. These include disability discrimination, sexual discrimination, and discrimination against public employees.
If a workplace injury or illness causes a disability and the disabled employee feels that their employer is discriminating against them because of it (i.e., demoting them from a position that the disability does not affect), they can file a lawsuit within 180 days of the employer’s retaliation.
An employee who feels retaliated against based on their gender, due to their workers’ compensation claim, has a year to file a lawsuit against their employer. Those who are not sure if they are facing sex discrimination can consult with a Winder workers’ compensation retaliation attorney.
Suppose a public employer discriminates against their employee for a workers’ comp claim. In that case, that employee has the right to file a lawsuit within one year of realizing the retaliation or within three years of the discriminatory act itself.
Suffering a workplace injury is already a challenging experience. Injured employees should not have to face additional hardships from their employer for seeking the benefits they need to recover. If you were mistreated because of a claim, speak with a Winder workers’ compensation retaliation lawyer as soon as possible. Call Smith Hulsey to set up a consultation and review your case.
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