After sustaining an injury on the job, many workers may worry about backlash or retaliation from their employer for filing a workers’ compensation claim. While an employee is recovering from an on-the job injury, whether at home or in a light-duty position, some employers can become irritated with having to accommodate work restrictions and pay benefits. If you believe you have been a victim of workers’ compensation retaliation, you have legal options and should speak to a Las Vegas workers’ compensation lawyer to learn how to proceed.
In Nevada, it is illegal for employers to discipline or terminate injured employees who report on-the-job injuries and qualify for workers’ comp benefits. The following examples constitute unlawful retaliation by an employer:
Any form of retaliation is against the law, and can lead to serious financial and emotional distress for an injured worker.
Proving retaliation will typically require the help of a skilled workplace accident lawyer with experience handling retaliation claims. It is rare that an employer will outwardly say that they are terminating an employee or taking other adverse actions as a result of a workers’ compensation claim being filed. With that being said, the burden will fall on you to prove several elements, including that:
If you can successfully prove your employer retaliated against you, a workers’ comp retaliation lawsuit can compensate you for any resulting losses. Including lost wages and benefits, and possibly punitive damages if they acted maliciously.
As long as your injury or illness was work-related or occurred while performing work duties, workers’ compensation benefits should cover any medical expenses, a portion of lost wages, vocational rehabilitation (if necessary), and/or continued benefits for any permanent damage related to your injury. Although injured workers should have no problem filing for and collecting benefits, that is often not the case.
An experienced attorney from Harris & Harris Injury Lawyers can help you fight for the benefits you deserve in Las Vegas, Nevada. Call Harris & Harris Injury Lawyers at (702) 384-1414 to or message us online schedule a free consultation today.