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When your boss retaliates against you for a workers’ comp claim

Our team at the Law Offices of Hussain & Gutierrez has discussed the numerous aspects of workers’ compensation on our blog. As you know, this compensation exists to help you and other Californians financially if you are injured on the job. You are within your rights to file a workers’ compensation claim to cover your medical expenses and lost time while recovering – but did you know that your employer might attempt to discourage it or make you feel like you’ll be punished for filing a claim?

This is known as workers’ compensation retaliation. As FindLaw explains, these claims can raise a company’s insurance costs. This serves as an incentive for employers to create a safer workplace, but bosses often do not like their employees to avail themselves of their right to file a claim.

After an injury, your boss might tell you to use your private health insurance instead of filing a workers’ compensation claim, which you might not want to do because of the co-pay or deductible. Your employer might imply that you could be fired or demoted for seeking workers’ compensation. If you go on leave to recover from your injury, you might try to come back to work only to find that your position has mysteriously disappeared, or that your boss attempts to make it miserable for you at work.

Workers’ compensation law prohibits retaliation or discrimination for filing a claim. However, some acts may seem unfair to you, but are not actually a form of retaliation. For example, when you return to work, your employer might change your job duties to accommodate your injuries or prevent others from being injured, which you might find uncomfortable or inconvenient. This area of law may be confusing, as our site explains, which may necessitate experienced counsel.

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