What To Do If My Boss Retaliates for My Workers’ Comp Claim?

 Posted on September 12, 2024 in Workers' Compensation

Illinois laws require most employers to carry workers’ compensation insurance coverage for their employees, which pays specific benefits if they are injured while at work or develop a work-related illness. These laws also prohibit employers from retaliating against employees who file workers’ comp claims. Unfortunately, some employers ignore that prohibition and do penalize workers. Employees may hesitate to file a claim because they fear being fired or harassed.

Whether you need assistance filing your workers’ comp claim, help with a denied claim, are fighting to get full benefits, or your employer is retaliating because you filed a claim, an experienced lawyer from Rathbun, Cservenyak & Kozol LLC can help. Call us today to discuss your situation.

What Does Workers’ Comp Cover?

Every job has potential risks. Construction workers may fall from heights, office staff might get carpal tunnel syndrome, and warehouse employees can sustain back injuries. Others may become ill from exposure to toxic substances. Workers’ comp benefits should pay for your medical expenses, a portion of your lost wages, and disability.  

When you accept workers’ comp benefits, you are agreeing not to pursue a personal injury claim against your employer. However, if a third party is responsible for causing your work-related injury or illness, you can potentially file a claim against that individual, company, or organization. If this applies to your situation, Rathbun, Cservenyak & Kozol LLC can handle both your workers’ comp and personal injury claims.

How Can Employers Retaliate Against You?

While being fired is often a primary concern, some employers do not take such overt action. However, they may use less obvious tactics to punish you for filing a workers’ comp claim. Some of these strategies are intended to make you uncomfortable enough to resign, such as:

• Discrimination

• A demotion or refusal to promote

• Intimidation

• Unwarranted disciplinary actions

• Harassment

• Refusing to let you return to work after you recover from your injury or illness

• Providing undeserved poor references

• Reducing your pay or hours

These and other actions can create a hostile work environment and leave you feeling unsettled, unappreciated, and unsure of what to do. If confronted, your employer will likely deny that these choices are related to your workers’ comp claim.

What Should You Do If Your Boss Retaliates?

If you are fired or believe your employer is using retaliatory tactics, document everything. Save all written communications, pay stubs, and other documents relating to the retaliation. Illinois laws do not allow you to record conversations without every party’s consent, so write detailed statements about verbal conversations instead.

Next, call Rathbun, Cservenyak & Kozol LLC for your free consultation. We can investigate your situation to determine if your employer is acting illegally against you. Your legal team will help you decide your best course of action, which may be filing a civil lawsuit. You may be able to obtain compensation for lost wages, which might include back and future pay, mental distress, and other eligible losses.

Call Today To Speak With One of Our Knowledgeable Joliet, IL Workers’ Compensation Lawyers

You have a right to file a workers’ comp claim without fear of retaliation. When your employer does not follow the law, you have legal options that Rathbun, Cservenyak & Kozol LLC can help you with. Call us at 815-730-1977 now for your free consultation with one of our skilled Naperville, IL workers’ comp attorneys.