Handling Workers' Compensation Claims for More Than Two Decades

Employer Retaliation against the Workers' Compensation Claimant

Back injuries and repetitive motion injuries such as carpel tunnel syndrome are among the most common work-related injuries for which workers' compensation benefits are paid. Contact an attorney to determine whether you have a valid claim.

Atlanta, Georgia Workers' Compensation Attorney

If you have suffered a workplace injury in Atlanta, Decatur or the surrounding communities of Georgia, contact an experienced workers' compensation lawyer right away and get the help that you need. Attorney Hank Barnett and the Barnett Law Firm have helped people with their workers' compensation claims for over twenty years and remain committed to providing the help people need and the respect that they deserve.

Contact the Barnett Law Firm by e-mail or call us toll free at 866-854-4723 to schedule a free initial consultation.

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At the Barnett Law Firm, attorney Hank Barnett knows that injured workers are dealing with many issues all at once. Medical bills and other expenses may be piling up, and without being able to work, there is no income coming in to pay for those expenses. Our firm works hard to help people with their workers' compensation legal problems, whether filing their initial claim or fighting for their benefits when any part of their claims have been denied.

The Barnett Law Firm is located in Decatur and provides legal assistance and representation to injured workers throughout Atlanta and the state of Georgia. Find out more about your potential benefits by contacting experienced lawyer Hank Barnett and talking with us at a free initial consultation. Call 866-854-4723 to get started.

Employer Retaliation Against the Workers' Compensation Claimant

Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court or about potential liability for large verdicts.

Unfortunately, even in this spirit of compromise, sometimes an employer may retaliate against an employee for filing or even talking about filing a workers' compensation claim. In most states, employees have legal rights and remedies in response to such adverse employer actions. If you encounter retaliation from your employer in a workers' compensation matter, an experienced workers' compensation attorney at The Barnett Law Firm in Decatur, Georgia, can advise you of your legal options.

Examples of retaliation

Most commonly, people think of employer retaliation in the form of retaliatory discharge — unjustly firing an employee for pursuing his or her workers' compensation rights. But improper employer retaliation can also come in other forms short of termination, such as discrimination or harassment in the following ways:

  • Undeservedly poor performance review
  • Failure to promote
  • Adverse wage action
  • Isolation or intimidation in the workplace
  • Demotion
  • Threats of adverse action
  • Negative reassignment, reclassification or transfer
  • Interference with the workers' compensation claims process
  • Refusal to rehire
  • Negative action vis-à-vis employment benefits or terms of employment, such as insurance, vacation or scheduling
  • Unreasonable increase or decrease in job duties
  • Unwarranted disciplinary action
  • Undeservedly negative employment references
  • Retaliation against a co-employee testifying in support of a claimant or cooperating in the investigation

Legal remedies for retaliation

Although a relatively recent development, most states have some legal remedy for employees whose employers have retaliated against them for taking workers' compensation action. Many states have legislatively created legal protections for such employees. These remedies may be available through state agencies and/or in court actions. Even where legislative action has not protected such workers, many states' courts have allowed retaliatory discharge lawsuits for exercising workers' compensation rights. Some states allow both statutory and court-created or common-law remedies; other states may only provide for one or the other. The remedies available vary from state to state, so it is a good idea to consult a lawyer to learn about your particular options.

Even if your state has not recognized these remedies for employer retaliation in the workers' compensation setting, there may be other ways to find legal help.

Justifiable employer action

Employers may still legitimately terminate or discipline any employee, regardless of workers' compensation status, as long as the negative action is not a pretext for workers' compensation retaliation and the action does not violate any other employment laws.

Speak to a workers' compensation lawyer

Stand up for yourself if you have been the victim of employer retaliation in response to the exercise of your workers' compensation rights. An attorney from The Barnett Law Firm in Decatur, Georgia, can advise you of the law in your state surrounding workers' compensation retaliation.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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