The workers’ compensation process can create anxiety for injured employees, leading some to avoid reporting injuries out of fear of retaliation from their employer. Despite Illinois law prohibiting workplace retaliation, this concern persists for many. Recognizing signs of employer retaliation is crucial for protecting yourself.
If you’ve faced retaliation for filing a workers’ comp claim, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Signs of Retaliation for Filing a Workers’ Comp Claim
Retaliation for filing a workers’ comp claim happens when employers take negative actions against employees for exercising their rights to file claims related to workplace injuries. This unlawful behavior can manifest in various ways and can lead to serious legal repercussions for the employer. Often, this stems from the employer’s concern about increased workers’ compensation insurance costs due to the claim.
Sudden Changes in Job Responsibilities
An indication of possible retaliation for filing a workers’ comp claim is an unexpected change in your job duties. If you are assigned tasks that differ from your usual work without a clear reason, it may be an attempt to discourage you from pursuing a workers’ compensation claim by making your position less appealing.
Exclusion From Team Activities
Another sign is getting left out of team gatherings or meetings. If you suddenly find yourself isolated from your colleagues or excluded from significant conversations, it might indicate an effort to foster a hostile work atmosphere. Employers may use social isolation as a tactic to pressure employees to retract their claims.
Unjust Disciplinary Actions
A rise in baseless disciplinary actions is a sign. If your employer begins to document minor infractions that were previously overlooked, it could be a way to create a case against you. Stay vigilant for any increase in disciplinary measures that coincides with your filing of a workers’ compensation claim.
Unexplained Changes in Work Hours or Shifts
A sudden, unexplained alteration in your work schedule might also signal retaliation for filing a workers’ comp claim. Employers may modify your hours or shifts to make your work situation less comfortable, potentially as a strategy to induce discomfort.
Retaliatory Termination
In some instances, employers may terminate an employee who has filed a claim after an injury.
Promotion Denial
Employers might overlook injured workers filing for compensation for promotions that they otherwise would qualify for.
Demotion
Sometimes, employees may find themselves demoted to a lower position and pay despite their qualifications and experience, after filing a workers’ compensation claim.
Refusal to Rehire
If an employer declines to take you back after you return from an injury, this action may constitute a legal violation.
Unjustified Poor Performance Reviews
f your performance assessments decline without reason following an injury and a claim, this could indicate retaliatory behavior.
Unwarranted Disciplinary Action
You should only face discipline at work for legitimate reasons. If you experience punishment related to your claim, you should consider speaking with a workers’ compensation lawyer.
Negative Employment References
If an employer gives you a negative reference that affects your future job opportunities as retaliation for filing a workers’ comp claim, you may have grounds to seek compensation.
What Employers Can and Cannot Do After You File for Workers’ Compensation
Not all unfavorable changes in the workplace can be classified as retaliation for filing a workers’ comp claim. Employers might implement adverse actions for valid business reasons that are not connected to workers’ compensation claims.
To differentiate between retaliation and legitimate business decisions, consider the following key factors:
Legitimate Actions
- Consistent application for all staff members
- Adhere to the company’s existing guidelines
- Maintain clear records that exist before the claim
- Connect to performance metrics or business requirements
Retaliation
This affects individuals who have submitted claims. It often includes abrupt changes in policies or their enforcement. There is usually inadequate documentation or clarification regarding these changes, and they tend to happen shortly after a person engages in a protected activity.
Typically, the employee who is eligible for workers’ compensation must prove a link between their workers’ compensation claim and the adverse. It’s advisable to keep a thorough record of workplace modifications and communications that occur after a claim has been filed.
What Employers Can Do:
Employers have several options for handling employees after an injury:
Provide Reasonable Accommodations
Employers are obligated to offer reasonable adjustments to help an employee return to work post-injury. This might include modifying job responsibilities or supplying assistive equipment.
Request an Independent Medical Examination (IME)
Employers have the right to ask for an independent medical evaluation by a doctor of their choice. They must cover the costs associated with this examination, along with lost wages, travel, and meal expenses incurred by the employee.
Terminate for Other Reasons
In Illinois, which follows at-will employment laws, employers can terminate an employee for valid reasons, even if that employee is on workers’ compensation. Examples might include misconduct, insubordination, or failing to report to work without notification.
Challenge the Claim
Employers can dispute their responsibility to provide benefits, even if they have previously made payments.
What Employers Cannot Do:
Nonfatal workplace injuries and illnesses rose by 7.5% in 2022 compared to 2021. Injured employees are entitled to compensation and fair treatment post-injury. Employers may not:
Retaliate Against an Employee
They cannot fire, demote, or reduce an employee’s pay for filing a workers’ compensation claim or for taking time off due to a work-related injury.
Impose Costs on Employees
Employers are not allowed to make employees pay for workers’ compensation insurance or any part of the benefits provided.
Discriminate Against Employees
It is not permissible for employers to treat employees unfairly for asserting their rights under the Workers’ Compensation Act.
Terminate Employment Based Solely on a Worker’s Comp Claim
Employers cannot dismiss an employee simply for filing a workers’ compensation claim or for taking necessary time off due to a job-related injury.
How a Workers’ Comp Lawyer Can Help If You’re Facing Retaliation
If you’ve faced termination or retaliation from your employer for exercising your employee rights after filing for workers’ compensation, you might be entitled to compensation. To establish that your dismissal or other negative actions were a result of your claim, you’ll need to gather evidence, which can be difficult since employers rarely admit to such behavior. Seeking assistance from a workers’ compensation attorney is advisable.
To prove retaliation, you need to establish a clear link between your claim and the negative actions taken against you. Timing is important; if adverse actions follow closely after your claim, it may suggest retaliation. Keep detailed records of communications, performance reviews, and any changes in treatment or job responsibilities. Testimony from coworkers about unfair treatment can strengthen your case. Additionally, showing that your employer’s reasons for their actions are inconsistent or false can indicate retaliatory intent.
In Illinois, if you’ve been retaliated against for submitting a workers’ compensation claim, a workers’ compensation attorney can assist you in various ways. They can aid in documenting instances of retaliation, including timelines and communications. They can evaluate the strength of your claim and help determine if there is a causal link between your claim and the retaliation. If necessary, they can assist you in going to court for workers’ compensation or filing a complaint with the Illinois Department of Human Rights or the Equal Employment Opportunity Commission for an investigation.
Moreover, an attorney can negotiate with your employer or their insurance representative to reach a settlement involving reinstatement and back pay. If a settlement isn’t achievable, they can represent you in court to pursue your case for retaliatory discharge. Understanding your rights under Illinois’s workers’ compensation laws is vital in addressing employer retaliation. If you find yourself in this situation, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC, for a workers’ comp lawyer to guide you through the process.
