Several states protect workers from an employer who discriminates against an injured employee by harassment or unfair termination. In these states, workers may sue their employer for “retaliatory damage” in civil court if the worker has been discriminated against or terminated because he or she filed a Workers’ Compensation claim. The injured worker must show that it was more likely than not that the termination was unjustified. It is important to note that the worker does not have to show that the Workers’ Compensation claim is the sole reason for his or her termination, but that the decision was based significantly on the claim. The worker may also experience retaliation in the form of a demotion or pay cut. It will be necessary to discuss this type of case with an attorney experienced in Workers’ Compensation to determine the best course of action to take.
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