Are you the victim of workers’ compensation retaliation? Some workers in Oklahoma may avoid filing a Workers’ Compensation claim when they incur an injury at work out of fear of retaliation. They may turn to other means to handle their injury, such as using their own paid sick leave to visit a doctor and filing a health insurance claim. Workers’ Compensation is there to protect workers when they suffer an injury at work, and you should not fear using it. What if you suspect Workers’ Compensation retaliation after filing a claim?
How Can an Employer Retaliate Against a Worker Over a Workers’ Comp Claim?
In unfortunate cases, an employer may not want their workers to file a claim on their Workers’ Compensation insurance out of fear over rate increases. They may try to discourage workers from filing a claim for benefits by making disparaging comments about those who wish to, or those who actually file a claim. They may even refuse to file the claim paperwork for the employee’s injury. In some cases, an employer may undertake retaliatory actions against the worker for filing a claim.
Under Oklahoma law (85A OK Stat § 85A-7 Discrimination or Retaliation), employers are forbidden from retaliating against workers for filing Workers’ Compensation claims.
- An employer may not retaliate against an employee when the employee has in good faith:
- Filed a claim under this act;
- Retained a lawyer for representation regarding a claim under this act;
- Instituted or caused to be instituted any proceeding under the provisions of this act; or
- Testified or is about to testify in any proceeding under the provisions of this act.
Employer retaliation can take many forms, including:
- Giving a negative performance review
- Denying a promotion
- Failing to provide reasonable accommodations
- Transfer to an undesirable shift or job location
- Docking pay
- Firing the injured worker
If your employer has undertaken any of the above actions against you after filing a Workers’ Compensation claim, you need to contact an experienced Oklahoma Workers’ Compensation Attorney in Tulsa from The Armstrong Law Firm, PLC.
How Can I Prove Workers’ Compensation Retaliation?
A skilled Workers’ Compensation Attorney in Oklahoma can work with you to help document all retaliatory actions by your employer. In order to fight back, you will need to provide evidence that demonstrates unfair treatment relating to your claim. Because Oklahoma is an “at-will” state, employers can generally terminate your employment relationship for any number of reasons. However, there are limitations.
To charge retaliation, an employee must prove:
- They had a genuine injury that entitled them to file a Workers’ Compensation claim.
- The claim was filed correctly within the proper timeframe.
- Your employer took adverse action against you after the claim was filed.
- The adverse action was directly related to your Workers’ Compensation claim.
Our experienced OK Workers’ Compensation Attorneys can help you gather evidence to prove your workers’ compensation retaliation claim and that your employer violated the law.
Get Help from a Workers’ Compensation Attorney in Tulsa, OK
Proving employer retaliation can be difficult and complex, which is why you need to partner with a seasoned Workers’ Compensation Attorney in Tulsa from The Armstrong Law Firm, PLC. We can help you pursue justice under the law. Our attorneys are well-versed in this process and can prepare you for what to expect as well as handle many of the details. Contact us by phone at 918-582-2500 or send a message online to schedule a consultation with us today.