If a worker gets hurt on the job, they likely need to report the matter to their supervisor. In some cases, that report may lead to a workers’ compensation claim because the injured party has medical support needs or cannot work temporarily. Other times, they may require on-the-job accommodations to continue working despite their injuries. Both reporting an incident and requesting basic support are protected activities. Employers should not take punitive actions against workers who know and make use of their rights.
Unfortunately, some businesses do retaliate against workers who get hurt on the job. The following are some of the more common forms of retaliation that a worker might endure after an on-the-job injury.
Inappropriate termination
Employers frequently find excuses to terminate the positions of workers with whom they have had disputes or other issues. Although at-will employment laws do allow companies to fire workers for almost any reason, firing a worker for reporting an injury on the job, taking a necessary leave of absence or requesting accommodations could constitute illegal retaliation.
Refusing accommodation requests
Sometimes, a worker needs to transfer to a different position within the company to continue working until they heal. Other times, they might require assistive technology, work-from-home arrangements or other accommodations. Most employers can provide appropriate support to an employee coping with a debilitating medical condition. The outright refusal to do so can be a way of punishing a worker. The company effectively forces them to take a lengthy leave of absence or leaves them unable to continue working at all.
Reducing the worker’s opportunities
Sometimes, companies punish injured employees by taking small punitive actions against them. Supervisors might start scheduling someone for fewer shifts or giving them the worst shifts available. They might reduce how many new client leads they receive or transfer them to a different shift.
Such actions may occur under the guise of helping the worker when they actually reduce their income or leave them unable to continue advancing their career. Employees should feel comfortable communicating with businesses about on-the-job injuries and work-acquired medical conditions. They shouldn’t have to fear retaliation when they assert their basic rights.
Pursuing a retaliation-based employment lawsuit is sometimes necessary when a company causes economic harm by inappropriately punishing a worker. An on-the-job injury should not lead to an employer becoming hostile to an injured worker.