In Vermont, all employers are required to purchase and carryworkers’ compensation insurance. This type of coverage has benefits for both employers and employees. Employees can have the confidence that they will receive the benefits they need for their medical expenses and lost income. Employers can find relief in the fact that workers must go through the workers’ compensation system and cannot sue them, in most cases.
Still, it is not uncommon for employers to become angry when employees file a workers’ compensation claim, or inquire about it after a workplace accident. They may fear that their insurance premiums will increase, or that they will lose coverage altogether. Some employers are also concerned with their company’s reputation and fear negative backlash after the public learns of a worker’ compensation claim. Due to this, some employers may try to retaliate against employees for workers’ compensation claims, which is illegal.
The Law on Retaliation and Workers’ Compensation Claims
Both state and federal law prohibit employers from retaliating against employees after they file a workers’ compensation claim. The law in Vermont prohibits any type of negative action taken against an employee based on the sole fact that they pursued their rights as provided by the workers’ compensation system.
On the federal level, the Occupational Safety and Health Act (OSHA) has issued regulations that safeguard the rights of employees who report workplace injuries or unsafe working conditions. While the law is very clear, it is not always easy to determine when an employer is retaliating against injured workers.
Sudden Change in Employment Duties
Any change in your employment duties after filing a workers’ compensation claim can indicate retaliation by your employer. The most common ways employers change employment duties are as follows:
- Assigning tasks to an employee that are less favorable
- Receiving fewer hours, resulting in less pay
- Unfairly demoting an employee after they file a workers’ compensation claim
- Excluding an employee from important meetings
Any change that negatively impacts your employment, wages, or salary, may be a sign of retaliation.
Abuse
Physical abuse is not very common in the workplace, but verbal abuse is more prevalent. If your employer is trying to threaten, intimidate, or harass you after you file a workers’ compensation claim, it may be a sign of retaliation. Documenting any incident of abuse and obtaining legal counsel is of the utmost importance when protecting yourself. All employees have the right to a respectful and safe work environment, even after filing a workers’ compensation claim.
Wrongful Termination
Vermont, like most states in the country, is an at-will employment state. This means that employers can fire employees for any reason, and even without reason. However, there are times when an employee is fired and it can be considered an illegal or wrongful termination. These instances include when an employee is fired based on discriminatory reasons, when the firing violates company policy, and when the employer is firing the employee out of retaliation. If you have not been given a reason for your termination after filing workers’ comp, it may be a sign of retaliation.
It is important to note, however, that it is legal for an employer to fire an employee because the employee cannot work because of a work injury. If you cannot work, even if it is because of a work injury, an employer is allowed to terminate you for being unable to work. If you cannot work because of a work injury, you should ask your employer if your job is protected by the Family and Medical Leave Act. If you are covered, your job may be protected for twelve weeks.
Unfair Disciplinary Actions
Unsubstantiated disciplinary actions after filing aworkers’ compensation claim is another sign of employer retaliation. Some of the most common disciplinary measures include suspension of employment, demotion, or write-ups after employees have filed a workers’ compensation claim.
Again, if you have faced disciplinary action after filing a workers’ compensation claim, particularly if it was unwarranted, there are some important steps to take. Make sure you document any incident of a disciplinary action, as employers may take more than one. For example, if company policy states that employees can be fired after they are written up three times, your employer may write you up again, which may constitute three times. They may then fire you based on that fact. Due to the fact that the write-up was retaliation, the termination would be, too.
It is also important to collect evidence regarding the disciplinary action. This could include eyewitness statements from co-workers, communication from your employer, and other evidence that proves the disciplinary action.
Exclusion from Work Activities
Employers often plan work activities to bolster morale, bring their team together, or to work on important projects. If you are being excluded from projects, meetings, or social events at work, it may be a form of retaliation. This type of retaliation can make you feel alienated and further exacerbate the sense that you are being targeted.
Our Workers’ Compensation Lawyer in Vermont Can Help After Retaliation
Employer retaliation is not always easy to identify. Still, it is important that you do so you can take the appropriate legal action and protect your rights. At Larson & Gallivan Law, ourVermont workers’ compensation lawyer knows the steps to take after employment retaliation and will help you through the process so you can not only obtain the benefits you deserve, but continue to work in a meaningful and fulfilling way. Call us now at 802-327-8458 or contact us online to schedule a consultation with our experienced attorney and to get the legal help you need.
