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Different Types of Workers’ Compensation Retaliation
February 24, 2021
Workers’ compensation retaliation in Massachusetts are common. A lot of industries misuse their employees. From factory workers to office staff, every employee has a certain set of rights. It includes the right to file a worker’s compensation claim. In fact, the laws in Massachusetts make sure that no worker is fired or dismissed for filing a compensation claim.
So, if you or someone near you experienced a workforce injury, immediately report it and file a claim as well. Since you were hurt while working, you deserve compensation. An average worker isn’t financially stable enough to afford medical treatment or miss out on work. Moreover, those people who work on daily wages cannot miss even a day’s work. In such a situation, an injured person has to bear financial losses, and it could prove to be detrimental for the entire family.
In 2017, nearly 65,000 workers suffered multiple injuries at their workplaces in Massachusetts. Thousands of people ended up missing work for days. Since many individuals were working on daily wages, they lost a good amount of money. In addition, they suffered mental and physical pain. Therefore, workers’ compensation programs make sure that such people are assisted at all times. It is necessary to save them and their families from falling into poverty.
Understanding Workers’ Compensation Retaliation in Massachusetts:
Employers use many tricks to make their employees’ lives miserable. A single employer can sometimes be unbearable. On top of that, some employers object to the fact that an employee filed a claim. Even though a worker has every right to demand workers’ compensation, all employers do not approve of it. Some employers retaliate against the claim by forcefully firing the employee or by taking other measures.
Sadly, the laws in Massachusetts don’t think of this decision as illegal because someone is required to fill the post for the missing employee. However, in this situation, an employer needs to provide hiring preference to the injured employee for the next opening as stated by the laws of the city. In some cases, it is made mandatory to employ the injured worker as soon as they recover. To save oneself from the injustice of their employer, one needs to have adequate knowledge of workers’ compensation retaliation in Massachusetts.
Types of Retaliation to Save Yourself From:
An employer can make your life worse in many ways. Upon that filing, a compensation claim makes them your worst enemy. Your boss will try to undermine you in many ways. For example, they could be cutting your pay without a reason, giving you a poor review, or not promoting you on time. Employers even go to an extent of canceling all your requests without providing any reason. Sometimes your boss starts to give you extra work just to make you feel miserable about your decision.
Other ways of retaliating are by:
- Demoting you
- Transferring you to a tougher department or area
- Harassing you mentally
- Implement disciplinary actions on you
- Force you to resign
All of these retaliations are considered illegal in the eyes of the state. An employer cannot carry on with such behavior with their worker. They try to cover it up by providing excuses and reasons, but if you believe that the behavior is due to your claim, fight against it.
What to Do About Retaliation?
A worker who faces unjust termination or demotion needs to get in touch with an attorney. These matters need to be handled legally, and your employer must explain the reason for doing so. Moreover, the state laws protect you in all circumstances. Like the family medical leave act allows workers to take up to 12 days of unpaid leave if they feel sick.
Secondly, the Americans With Disabilities Act makes sure that disabled employees are treated with the utmost respect. Through these two laws and a lawyer’s help, you can fight against the injustice of your supervisor.
Hire a Professional Attorney for Your Compensation Claim:
Every worker deserves to be protected at their workplace. An employer has the responsibility to keep their staff safe and facilitate them in times of need. However, many owners fail to do so. That is why laws have been created to protect the working class from such injustices. If you or someone near you requires help, then contact our team today.
We have experts who know how to deal with workers’ compensation retaliation in Massachusetts. They will do their very best to help you win your rightful share of compensation and protect you from workplace harassment. Set up a free consultation session today by calling our helpline.