Employer Retaliation in Tucker Workers’ Compensation Cases
Getting hurt at work could raise a lot of concerns. You may be worried about recovering from your injury and have anxiety about paying the bills while you are out of work. And perhaps worst of all, you might be scared of losing your job if you take advantage of the workers’ compensation benefits you are entitled to under the law.
It is illegal for employers in the state to retaliate against employees who file worker’s compensation claims. If your employer has wronged you because you filed a worker’s compensation claim, get legal help right away.
If you have experienced employer retaliation in Tucker, filing a workers’ compensation case with skilled legal counsel could get you reinstated into your job and help you recover your lost wages.
Employers’ Rights to Terminate are Limited
Any business in the state with at least three employees must participate in the workers’ compensation program by law. Most businesses buy insurance to cover their workers’ compensation costs, but when an employee files a claim, the employer’s insurance rates could rise. To avoid this, some employers take improper steps to discourage employees from pursuing their rights under the workers’ compensation program.
Georgia is an employment-at-will state. Workers have no right to a job and can lose their job for any reason, or no reason at all. However, employers may not fire employees for reasons that are discriminatory or because the employee exercised a right that is protected by law. Filing a workers’ compensation claim is a protected right, so employers may not retaliate against workers who claim their right.
Because employers do not need a reason to terminate a worker, pursuing a case of retaliatory dismissal may be complicated. However, these cases are winnable if there are indications of retaliatory behavior. An experienced Tucker lawyer could identify signs of retaliatory intent in a workers’ compensation case and hold a wrongdoing employer accountable.
Forms of Employer Retaliation
Employers might discourage their employees from claiming their rights under the worker’s compensation program in various ways. The most obvious is by terminating their employment on some pretense, but there are other methods an employer may use to intimidate a worker.
Unfortunately, employee harassment is common. A worker could suddenly be assigned to different, less desirable duties or a different, less desirable shift. The employer may reduce the worker’s hours, reduce their salary, or reassign them to a meaningless job. Sometimes supervisors or managers may even engage in verbal harassment, humiliation, or mockery.
None of these behaviors are acceptable or legal. Any worker experiencing hostile behavior at their workplace could consult a workers’ rights lawyer for advice about the best next steps to take.
Evidence of Retaliatory Intent in Tucker
Proving a Tucker employer’s actions were in retaliation for filing a workers’ compensation claim could be difficult, but it is not impossible.
If the harassing behavior began soon after the worker filed a claim, it might be retaliatory. Similarly, if the employer changes the worker’s duties, shift, salary, or working conditions without a clear explanation or business reason, that could indicate retaliatory intent. An experienced Tucker attorney could evaluate the circumstances and help an employee respond effectively if the employer’s action appears retaliatory in nature.
Seek Passionate Legal Counsel to Fight Employer Retaliation in Tucker Workers’ Compensation Cases
If your employer is harassing you or has terminated you because you filed a worker’s compensation claim, you can fight back. The law protects your rights to claim your benefits, and employer retaliation in Tucker workers’ compensation cases should not stop you from getting the compensation you deserve.
An experienced attorney could help you take a stand. Schedule a consultation immediately if you feel that your employer is taking retaliatory action against you.