Discrimination, Harassment, and Retaliation Claims for Workers’ Compensation Claims or Benefits
In California, employees are legally protected from discrimination, harassment, and retaliation after filing a workers’ compensation claim or receiving workers’ compensation benefits. Unfortunately, some workers face unfair treatment at the hands of their employers after they seek compensation for workplace injuries or illnesses. Whether through discriminatory actions, unlawful retaliation, or harassment, such conduct is illegal under both state and federal law.
If you have experienced discrimination, harassment, or retaliation after filing a workers’ compensation claim or receiving benefits, you have legal rights. At LCK Law, we specialize in fighting for employees who have been wrongfully treated by their employers after they seek or receive workers’ compensation benefits. Our firm is committed to holding employers accountable for violating your rights and ensuring you receive the justice and compensation you deserve.
Workers’ Compensation Discrimination in California
Workers’ compensation discrimination occurs when an employer takes adverse action against an employee for exercising their legal right to file a workers’ compensation claim or receive benefits. California law prohibits employers from treating employees unfairly based on their involvement in the workers’ compensation process.
Examples of Workers’ Compensation Discrimination:
- Terminating or demoting an employee after they file a workers’ compensation claim or use benefits to seek medical treatment
- Denying promotions or raises due to the employee’s workers’ compensation status
- Excluding an employee from important job opportunities or projects because they have filed a claim
- Differential treatment compared to other employees in similar positions, solely due to the employee’s workers’ compensation claim or injury
- Assigning undesirable or less favorable work tasks to an employee who has filed for workers’ compensation
Workers’ Compensation Harassment in California
Workers’ compensation harassment occurs when an employer or co-worker targets an employee with hostile actions or offensive behavior because the employee has filed a workers’ compensation claim or received benefits. This kind of conduct can create a toxic work environment and make it difficult for injured workers to return to work or feel safe in their jobs.
Examples of Workers’ Compensation Harassment:
- Verbal abuse or bullying related to the employee’s workers’ compensation claim or injury
- Mocking or belittling an employee for taking time off due to a work-related injury or illness
- Hostile remarks or behavior from supervisors or colleagues because of the employee’s workers’ compensation status
- Social isolation or exclusion from team meetings or workplace events due to the employee’s injury or workers’ compensation claim
- Frequent questioning or surveillance of an employee’s medical status or ability to perform their job after filing a claim
Harassment related to workers’ compensation claims is illegal, and employees have the right to a workplace free from such behavior. Victims of workers’ compensation harassment may be entitled to legal remedies.
Workers’ Compensation Retaliation in California
Workers’ compensation retaliation refers to any action taken by an employer to punish, penalize, or adversely affect an employee because they filed a workers’ compensation claim or used workers’ compensation benefits. Retaliation is prohibited under California law, and employees are entitled to protection from such retaliatory actions.
Examples of Workers’ Compensation Retaliation:
- Termination or suspension of an employee after they file a workers’ compensation claim
- Denying an employee benefits (such as time off, accommodations, or promotions) because of their workers’ compensation status
- Demoting or reducing an employee’s hours or responsibilities as a result of their claim or injury
- Creating a hostile work environment after an employee files for workers’ compensation, making it difficult for the employee to return to work or perform their duties
How We Can Help
At LCK Law, we are dedicated to protecting employees from unlawful discrimination, harassment, and retaliation related to their workers’ compensation claims. If you have been mistreated by your employer after filing a workers’ compensation claim or receiving benefits, we are here to help.
Our firm will:
- Review your case to determine if you have experienced discrimination, harassment, or retaliation based on your workers’ compensation claim or benefits
- Gather evidence and document instances of discriminatory, harassing, or retaliatory behavior
- Help you recover any wages, benefits, or damages that you may be entitled to
- Support your return to work by ensuring that your employer complies with your rights under the law
Workers who are injured on the job should not have to face mistreatment, harassment, or retaliation for seeking the benefits they are entitled to. If you believe you have been discriminated against, harassed, or retaliated against due to a workers’ compensation claim, we are here to help you take action and protect your rights.
Contact LCK Law today for a confidential consultation. Let us help you get the compensation and justice you deserve.