Waukegan Workers’ Compensation Retaliation Lawyer

When you suffer injuries at work, you have the right to use workers’ compensation benefits to cover treatment for those injuries and a percentage of your income throughout your recovery. Not only that, you should have your job waiting for you when you get back. Unfortunately, some employers may retaliate after a worker returns from using their workers’ compensation benefits. If this was your experience, a Waukegan workers’ compensation retaliation lawyer can help you protect your rights.

Common Examples of Retaliation

Employers cannot legally retaliate against a worker for using their workers’ compensation benefits. Unfortunately, some employers will still engage in retaliation, including in the following ways:

• Termination: Firing an employee after they file the claim, or after they return to work, even though no reason exists for the termination
• Demotion: Moving a worker to a lower position, often with a corresponding reduction in pay
• Reduction in hours: No longer scheduling the worker for the same hours expected before the incident
• Harassment: Creating a hostile work environment following the use of workers’ compensation benefits
• Changes in job responsibilities or requirements: Insisting that the injured person take on undesirable work duties or hours after they return to work
• Withholding benefits: Preventing the injured worker from getting raises, promotions, or access to premium assignments they would otherwise have received
• Unnecessary scrutiny: Monitoring an employee excessively

Retaliation is illegal, as it discourages claims and prevents workers from using the benefits they deserve following an injury. However, some employers will still try to punish workers who attempt to use those benefits.

What To Do Following Retaliation for Workers’ Compensation Claims

When an injured worker in Waukegan faces retaliation after using workers’ compensation benefits, they may need to take essential steps to protect themselves.

Document All Examples of Retaliation

Sometimes, retaliation may occur through documented communication channels, including email, text messages, or company messaging systems. In those cases, injured workers should save copies of those messages in a platform outside the company network. If retaliation occurs verbally or physically, workers should keep their own record of all documentation.

Contact a Workers’ Compensation Retaliation Lawyer

As soon as retaliation begins, the injured worker should reach out to a Waukegan lawyer to discuss their rights and how they should protect them. An attorney can also offer essential advice about how to proceed.

Keep Going to Work

In most cases, the injured worker will need to keep going to work normally and completing their duties as assigned. Quitting can make it harder to have needed benefits restored.

Report the Retaliation

If retaliation occurs primarily from a single individual or group, the injured worker may need to report it to the company’s HR department or to upper-level management. Legal counsel can provide essential information about when to report retaliation and how to manage it.

Contact a Waukegan Attorney if You Received Retaliation for Using Workers’ Compensation

Receiving retaliation after using your workers’ compensation benefits can feel incredibly frustrating. Fortunately, you do not have to handle those challenges alone. A Waukegan workers’ compensation retaliation lawyer can help you fight against an employer punishing you for using your benefits, whether it comes in the form of job loss or difficulties at work. In some cases, a worker who has experienced retaliation can seek financial compensation for their damages, including reparation for income losses. Contact Schlack & Bassmaji today to learn more about your rights.