What if My Employer Retaliates After a Workers’ Compensation Claim?

Illinois is a no-fault workers’ compensation state. So when you file a claim, you are not necessarily accusing your employer of being at fault for your workplace accident. Rather, you may simply be seeking coverage for your medical bills and lost wages from their insurance carrier. This is why you may be completely blindsided when your employer takes this the wrong way and starts behaving poorly toward you. If this is relatable, please follow along to find out what to do if your employer retaliates against you and how a proficient Illinois workers’ compensation benefits lawyer at The Law Firm of Kevin A. Moore can help you rectify this stressful situation. 

What counts as employer retaliation after a workers’ compensation claim?

Contrary to what you may initially think, employer retaliation is not always in the form of employment termination, though it could be. Rather, even if you return to work after recovering from your injuries, you may notice there is an uncomfortable shift in the workplace environment. Without further ado, below are signs that may indicate your employer is actively retaliating against you for your workers’ compensation claim:

• Your employer may demote you to a lesser position, even though you can still handle your original duties after recovering from your injuries.
• Your employer may cut the hours you are scheduled to work or reduce your hourly pay or salary without giving a reasonable explanation. 
• Your employer may exclude you from meetings and projects you were typically involved in, or physically move your job post to an isolated area. 
• Your employer may publicly shame you for making mistakes that others do not usually get reprimanded or disciplined for. 
• Your employer may threaten to terminate your employment if you ever elect to file a workers’ compensation claim again.

What should I do if my employer retaliates against me after filing a claim?

Simply put, you must understand that it is illegal for your employer to retaliate against you for exercising a protected right, such as filing a workers’ compensation claim after your accident. So as soon as you notice the smallest sign of this behavior, you should start documenting it to the best of your ability. It is also helpful to file this evidence with your company’s Human Resources department to keep the incidents on record. 

Importantly, if you begin to feel unsafe in your workplace because of this retaliatory activity, we would say it is not worth maintaining your employment simply to continue collecting evidence against your employer. Further, if these minor incidents ultimately build up to your termination, this is when legal action may no longer be a question but a necessary step. Rest assured, your lawyer will advise you on the best course of legal action from here.

You may feel isolated and alone when your employer is adopting retaliation tactics against you, but you are not. We at The Law Firm of Kevin A. Moore will be in your corner every step of the way. So please reach out to a talented Illinois workers’ compensation benefits lawyer today.