Employer Retaliation Against Workers' Compensation Claimants

Item: Seidman, Margulis & Fairman, LLP
Rating: 5
Author: Jorge S.

Employer Retaliation Against Workers' Compensation Claimants

Often employees are wary of filing a workers' compensation claim for fear of their employer retaliating. The reality is that workers' compensation is every employee's right, and it is provided to you by the laws of the state of Illinois. Every employer should have workers' compensation insurance to handle cases like yours, and you should not have to fear retaliation from your employer for simply exercising your legal rights.

In every workers' comp situation, the employee is giving up his or her right to significantly larger sums of money that could be claimed in a typical personal injury lawsuit. This right is given away to reap the benefits of workers' compensation, a process that should provide him or her with efficient reimbursement for his or her injuries. Regardless of whether an employer is at fault, if you suffered these injuries while working, you are eligible for compensation.

If you fear retaliation by your employer and are considering not filing a workers' comp claim or if you filed a claim and suspect you are on the receiving end of a retaliatory reaction, call our Chicago workers' compensation lawyers today at (312) 781-1977 to discuss your options.

What Constitutes Retaliation?

Firing someone isn't the only form of employer retaliation, though it is often the most feared response to a workers' compensation claim. If you have been harassed or discriminated against at work after your claim, or even directly because of it, this is also considered retaliation.

If you were originally up for a promotion and you failed to get it for no apparent reason or you even received a demotion, your performance review was lower than deserved, or you were given a reassignment, reclassification or transfer that was unnecessary, these can all be retaliatory responses.

How To Respond

Speaking with a workers' compensation attorney will help you determine the best course of action if you suspect retaliation after your workers' compensation claim. There may be protections under employment law that can remedy your situation, including filing a lawsuit if necessary.

There are many alternatives to choose from, and each depends entirely upon your individual situation. Our job is to stand up for your rights after you have been victimized by your employer. Exercise your rights by contacting our firm today and scheduling a free consultation with a Chicago workers' comp retaliation lawyer.

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