My employer is threatening me for pursuing workers compensation after an injury. What can I do?

Workers Compensation Attorney

In nearly every state, it is a violation of workers compensation laws to threaten or retaliate against an employee who is filing for workers compensation benefits. If you are an employee who has experienced this, you should report it to your local workers compensation board and call a lawyer.

Every state has its own workers compensation laws. Part of this legislation likely includes the need for employers to carry insurance coverage for any employee who falls ill or is injured while working. It is possible for some states to have special exemptions, but these typically involve employers who have less than 5 employees or only household employees, or employers who own an agricultural company. If it is true that an employer is exempt, they can legally not accept responsibility for the injury or illness. Thus, the employee would need to sue the employer for compensation of a work related injury or illness.

The Employer’s Cost of Workers Compensation Insurance

What an employer pays for workers compensation insurance will be dependent on their history of illnesses and injuries. The more incidents that have occured in the past, the more the insurance will be. For some employers, this acts as motivation to practice the right safety protocols. For others, they seek to minimize their number of claims regardless of the injury or illness. In this case, after an employee becomes harmed while working, their employer might ask them to not file a workers compensation claim. As a workers compensation lawyer, our firm has helped clients who were threatened or fired because they pursued their rightful benefits even though their employer asked them not to.

Threatening, intimidating, discriminating, retaliating, or firing an employee for filing workers compensation is prohibited by law. All of these acts are considered to be a form of intimidation or discrimination. They are illegal and should be reported to the labor department and workers compensation board. A lawyer should be sought for immediate legal advice.

Damages for an Employee Who Was Threatened By Their Employer

As long as the employee has the right to workers comp benefits, they can take advantage of them whenever they are injured or ill, and it is in relation to their job. If they can prove that their employer in some way retaliated against them for filing a claim, the employee may be able to file a lawsuit.

Damages for this type of action could include:

  • Past and future wagers
  • Emotional anguish
  • Lawyer’s fees
  • Punitive damages
  • + More

These types of lawsuits are often costly to an employer because most states do not have caps on the amount of compensation an employee can seek.

Do You Need Help with a Workers Compensation Claim?

If you were injured, or became ill, while working and your employer has denied you of a claim, told you not to file for benefits, has intimidated you, or fired you, call a workers comp lawyer Long Island relies on today.



Thank you to our friends and contributors at Polsky, Shouldice & Rosen, PC for their insight into workers compensation claims and employer issues.