Imagine you sustain an injury while on the job. You follow the proper procedures, report the incident, and file your workers’ compensation claim so you can receive the benefits for which you are entitled. Then suddenly, you hear from a fellow co-worker that your manager has been telling people he believes you are “faking” your injury. And as your manager continually expresses skepticism towards your injury, many of your colleagues naturally follow. All the sudden you are working in a hostile environment where you are feeling edged out and want to quit. That is one example of workers’ comp retaliation and it is against the law. It is also against the law to have your position terminated in a retaliatory manner after you file a claim.

Reporting Retaliation

Every state deals with retaliation differently and Georgia is an ‘employment at will’ state, so employers have the right to fire employees for any reason—or no reason at all. However,being terminated does not change the workers’ right to reiceive compensation benefits and going forward with a claim.

Forms of Retaliation

•   Failure to get a promotion
•   Receiving a demotion
•   Intimidation in the workplace
•   Sudden disciplinary action which you don’t deserve
•   Direct and overt threats
•   Physical or verbal abuse
•   Increased and unwarranted watchfulness and scrutiny
•   Spreading gossip and false rumors
•   Poor performance evaluation

Legal Rights Against Retaliation

Many states have created legal protection for workers to help safeguard against retaliation. Even though Georgia continues to follow an “at-will” employment doctrine, where workers can be terminated any time, any place, and virtually for any reason, the law does not allow employers to retaliate against workers for because they have filed a worker’ comp claim.There are also federal laws in place to shield employees from retaliation—which invoke protections found in the Age Discrimination Act, Americans with Disabilities Act, and the Civil Rights Act. It is during these circumstances that it is sometimes appropriate for an individual to file a separate lawsuit against the employer that terminated them. Additionally, many people are unaware that it is against the law to be fired or demoted while covered by the Family and Medical Leave Act. That is another instance where a separate lawsuit might be filed.

If you find yourself a victim of employer retaliation because of a workers’ comp claim, it is essential that you know your rights. You should never have to feel fearful you may lose your job based on a claim and it is encouraged you to seek the advice of an experienced workers’ comp lawyer immediately.