Retail Industry Update - December 2011, No. 4: “I’ll Get You For This” - Avoiding Charges Of Workers’ Comp Retaliation By Ed Harold (New Orleans)

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In October, the U.S. Court of Appeals for the 10th Circuit upheld a jury’s decision that a package delivery company had retaliated against one of its workers for filing a workers’ compensation claim. Fortunately for the company, the Court reduced the jury’s $2 million verdict to about $630,000. In July, an Illinois jury awarded a workers’ compensation retaliation plaintiff $4.2 million including $3.6 million in punitive damages.

Reviewing news reports about these verdicts suggests punitive damages are normally awarded when a jury finds for the employee. That makes these cases one of the hottest fields in employment law. A Google search for “workers’ compensation retaliation lawyer” reveals that employment law firms all over the country are actively promoting themselves and seeking clients in this field....

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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.

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