Employer Handbook: Workers’ Compensation Retaliation

more+
less-

Who, What, Why . . . Who does it apply to: All employers, whether subscribers to workers’ compensation insurance, or not.

What is the issue: Employees of businesses that make workers’ compensation claims sometimes engender the aggravation of their employer. Employers think the employee is faking injury, milking the claim, or simply preventing the employer from getting work done while the employee is out. This aggravation can sometimes turn into retaliation by the employer which is prohibited under the law.

What is the law: Employers are prohibited from discriminating (or retaliating) against an employee who has:

• made a claim for worker compensation in good faith;

• hired a lawyer to represent the employee in a claim;

• instituted or caused to be instituted an administrative proceeding regarding a workers’ compensation claim; and

• testified or is about to testify in an administrative proceeding regarding a claim for workers’ compensation.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Gray Reed & McGraw, P.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×