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What is Employer Retaliation and Can I Do Anything About It?

As an injured worker, you may have reported an accident to your employer and then was let go or faced adverse actions shortly thereafter. This timing may not have been coincidental, as many employers try to avoid paying out in an injury claim by firing the employee who was hurt. Unfortunately, many workers may not know they have been wronged or they don’t realize they can do something about it.

Retaliation is defined as adverse employment decisions that are inflicted by an employer onto the employee, because that employee engaged in a protected activity (such as filing for workers’ compensation benefits). If you felt that you were treated differently after reporting a workplace injury accident, you may be the victim of retaliation.

You have been excluded from workplace meetings, promotions, or activities.

Being treated negatively at work after reporting an injury accident can be not only disappointing, but hurtful as well. Maybe you thought your boss had your best of interest in mind at all times, and now you know differently. If you have been left out of staff meetings, trainings, well-deserved promotions, or other activities since filing for workers’ compensation, it may be a strong indication that retaliation is happening.

You are being verbally harassed or are experiencing a hostile work environment.

Some employers may take a not-so-subtle approach to retaliating against you. For example, your boss may verbally discourage you from filing for workers’ compensation benefits or purposefully create a hostile work environment so you feel pressure to keep quiet. This kind of culture and behavior is unlawful, and help from a seasoned lawyer may be needed. 

You don’t trust the doctor assigned by your employer to treat your injuries.

Your treating doctor may have been chosen by your employer or their insurance company, and thus may be biased into favoring the employer’s preferences. If your treating doctor doesn’t listen to your injury needs or otherwise seems biased in your care, then your lawyer can help you get a second opinion from your personal physician or another doctor who is less interested in catering to outside influences.

To hear about your rights and what to do next, contact a legal professional immediately, such as a Workers Compensation Lawyer from Rispoli & Borneo, P.C.

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As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.