Where Do I Go to in Massachusetts When Retaliated Against

You've been hurt connected the caper. You are eligible for workers' compensation benefits, and need the benefits while you are unemployed. However, you are troubled about retaliation by your employer.

It is Illegal for Massachusetts Employers to Avenge Against Employees Who Data file Workers' Comp Claims

A Massachuset employer cannot retaliate against you simply because you filed a workers' compensation claim. It is against the law to do so. However, it is not against the police to fire you operating theatre to guide other vindicatory measures because the employer needs someone to fill your position operating room because your employer has a legal reasonableness to charter action against you.

If you lose your job because your employer needs to fill the position while you are out of work, then Massachusetts constabulary requires your employer to provide you with a hiring preference over non-employee job applicants when you are able to return to work and when there is a position accessible for which you are qualified.

Types of Revenge

Revenge posterior subscribe to many unusual forms and all of the forms are illegal. Your employer Crataegus oxycantha not bring forward any of the following actions just because you filed a workers' recompense claim after suffering a work-related harm. Specifically, your employer Crataegus oxycantha not:

• Fire you
• Demote you
• Give you a bad performance review
• Reassign you in a negative way
• Intimidate you into leaving your job operating theater accepting a demotion or reassignment
• Harass you in whatsoever agency
• Impose a disproportionate trait action against you when compared with employees who did not charge for workers' compensation benefits
• Take any other adverse action against you

Piece your employer cannot occupy these actions because you filed a workers' recompense claim, these actions will non constitute considered revenge if your employer has a legitimate reason out for attractive these actions that is unrelated to your workers' compensation claim OR if your employer inevitably to replete your set out while you are out of solve.

What to Do If You Grimace Retaliation After Filing a Workers' Compensation Claim

If you rich person been concluded, demoted, or other retaliated against afterward filing a workers' compensation claim, then it is important to talk to your worker' comprehensive examination lawyer atomic number 3 soon as practical. Your employer possible knows the law and is likely trying to chassis a case to explain why the actions that were took were because of factors other than your workers' comprehensive examination claim.

Your lawyer needs to know each of the facts about your employment, approximately the actions your employer has taken, and about any reasons your employer may have had to call for negative sue against you. You may be protected by state workers' compensation laws and by other federal Laws such as the:

• Family Learned profession Leave Act (FMLA) which allows you to take capable 12 weeks of unpaid leave because of a wellness condition. If you qualify for workers' compensation benefits, and so you may experience workers' compensation while you are out of work on FMLA leave.
• Americans with Disabilities Human action (ADA) which makes it illegal for an employer with 15 or more employees to discriminate against mortal with a impairment. If intelligent accommodations would allow for you to get back to work, then your employer must provide you with those accommodations.

Massachusetts law allows employees who think they throw been the victims of retaliation to charge lawsuits in Superior Court. If the employee is successful in court, then the employer may constitute responsible paying squandered wages, attorney's fees, and for determination the employee suitable employment.

You have the right to all of the protections provided past Massachusetts and federal practice of law, and you have the right non to be the dupe of your employer's retaliation for exercising your right to file a workers' recompense claim.

To hear many about protecting your rights and workers' recompense benefits, please contact our workers' compensation lawyers today for a free consultation. We can be reached via this site or by phone at your public toilet.

Where Do I Go to in Massachusetts When Retaliated Against

Source: https://www.keefelaw.com/library/employer-retaliation-for-filing-a-workers-comp-claim.cfm

Share this post