Employer Handbook: Workers’ Compensation Retaliation

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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.

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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

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