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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