Lipsig, Shapey, Manus & Moverman

Wednesday, November 23, 2016

What Is Retaliation After Filing A Lawsuit For Work-Related Accidents?

When work-related accidents happen employers are required by law to pay the medical bills, a portion of the lost wages or pay for permanent disability an employee might get in the line of work. This could be of benefit to both the parties; however, the employers might become dissatisfied and particularly unfriendly especially with the concept of workers' compensation.

Actions That Are Considered To Be Retaliation By Your Employer


Employers tend to become hostile towards the employees to the extent that may be subjecting them to resistance and backlash. Retaliation by employers can involve engagement in illegal activities in a bid to punish you such as demotion, firing, salary reduction or job shifts, unwanted disciplinary actions, obstruction of the workers' compensation claim process and employers' egregious conduct. Despite you being protected against retaliation, proving it could be difficult.

What To Do In Situations Of Retaliation


In case you want to file for retaliation claims against your employer, you should do it soon after the has happened, such as few weeks or a month. This can be done by contacting an attorney. An attorney comes in handy because late filing for a retaliation can be detrimental. If you fail to file within the stipulated time limit, you might lose your rights to take action against your employer's retaliation.

How To Prove You Were Retaliated Against In Violation Of The Workers' Compensation Law


For you to win, you are required to prove that these actions were primarily because of your protected activity. You will also be required to:
  • Determine whether you were illegally discriminated by your employer.
  • You were legally an employee entitled to workers' compensation claims.
  •  That you filed a claim for compensation. 
  • That you were directly affected by the employer's retaliation actions such as change in employment status.
If you or a loved one has suffered a work injury on a Queens New York construction site you can contact the following lawyer:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101

929-239-4664