Iowa Public Policy Prevents Employer Retaliation Against Injured WorkersUnder the Iowa Workers’ Compensation Act, an employer is prohibited from retaliating against or terminating the employment of a worker simply for filing a workers’ compensation claim. In the 1988 court case Springer v. Weeks and Leo Co., Inc., the Iowa Supreme Court ruled in favor of an employee who claimed she had been fired for pursuing a workers’ compensation claim after developing carpal tunnel syndrome on the job. The court stated that terminating an employee for exercising a right to benefits was against the public policy of the state of Iowa. Additionally, state policy protects employees not just from termination but also from other forms of retaliation, including:
- Reduction in pay
- Shift or position change
- Unfounded disciplinary actions
Proving an Employer Has Retaliated After a Workers’ Compensation ClaimThere are specific criteria that must be met to show that an employer has acted against state policy. These four elements are:
- You are an employee entitled to benefits. Not every worker is considered an employee of a business. There are certain exceptions, including independent contractors, who may not be eligible.
- You filed a claim acceptable under state rules. An injured employee must file a claim in good faith. Even if a workers’ compensation claim is ultimately denied, as long as the employee was acting in an honest manner, he can be protected. An employee who files a fraudulent claim, however, may not be entitled to the same protection.
- You suffered some negative repercussion as a result of that claim. Simply, the injured worker was fired or suffered some other form of retaliation, including those mentioned previously.
- Your employer took that action in response to your claim. This can often be the most difficult element to prove. Some indications that the employer’s action was a response to the benefits claim include timing, reaction (if managers displayed anger toward the employee), deviation from past company practice, multiple or changing reasons for the employment change, and a history of retaliation against other employees.
A Workers’ Compensation Claim Cannot Protect Employees EntirelyThere are situations in which an employee can experience a negative work change that is protected by the law, however. Just because an injured worker has filed a workers’ compensation claim, it does not mean she cannot be fired for other reasons. There are a number of situations in which an employer is within its rights to change the work status of an injured worker, including:
- Company downsizing
- Just cause for termination (unrelated to the injury)
- The employee is unable to perform job duties
Injured Employees Can Sue If They Are Fired Because of a Workers' Compensation ClaimIf an injured employee is fired or otherwise retaliated against simply because of a workers’ compensation claim, the employer can be held accountable. The employee can obtain both the workers’ compensation benefits he or she deserves, as well as:
- Back pay
- Compensation for losses related to termination, such as the expense of looking for a new job
- Front pay (wages you would have earned going forward) or reinstatement of employment
- Attorney’s fees
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