One of the most common fears injured workers have is that filing a workers compensation claim will cost them their job. As a workers comp lawyer in Baton Rouge, I regularly hear this concern from clients who are hesitant to pursue the benefits they deserve because they’re afraid of retaliation from their employer.
Louisiana Law Prohibits Retaliation
Louisiana law makes it illegal for employers to fire, demote, harass, or otherwise retaliate against employees for filing workers compensation claims. This protection is fundamental to the workers comp system. If employers could punish workers for filing claims, the entire system would collapse because injured workers would be too afraid to seek the benefits they’re legally entitled to receive.
The law protects you not just from termination, but from any adverse employment action taken because you filed a workers comp claim. This includes demotion, reduction in hours, denial of promotion, hostile work environment, unwarranted discipline, assignment to less desirable duties, or any other negative treatment that wouldn’t have occurred if you hadn’t filed your claim.
At-Will Employment Doesn’t Override Retaliation Protection
Louisiana is an at-will employment state, which means employers can generally fire employees for any reason or no reason at all, as long as the reason isn’t illegal. However, firing someone for filing a workers compensation claim is an illegal reason. The workers comp retaliation protection creates an exception to at-will employment. Your employer cannot hide behind at-will employment laws if the real reason for your termination was your workers comp claim.
Proving Retaliation Can Be Challenging
While the law clearly prohibits retaliation, proving that retaliation occurred can be difficult. Employers rarely admit they’re firing someone because of a workers comp claim. Instead, they typically claim the termination was for poor performance, violation of company policy, business necessity, or some other legitimate reason. A Baton Rouge workers compensation lawyer can help you gather evidence to prove the real reason was retaliation.
Evidence of retaliation might include timing—being fired shortly after filing your claim, documentation showing your performance was actually satisfactory, statements from supervisors or managers about your claim, evidence that company policies weren’t actually violated or weren’t enforced against other employees, or a pattern of increasing scrutiny or discipline after you filed your claim.
What to Do If You Face Retaliation
If you believe you’re being retaliated against for filing a workers comp claim, document everything immediately. Keep copies of all employment-related documents including performance reviews, disciplinary notices, and emails. Record dates, times, and details of any negative treatment or comments about your claim. Save any text messages, emails, or other communications that might show retaliation. Identify potential witnesses who observed the retaliation. And contact a workers comp lawyer immediately, before the situation escalates further.
Legal Remedies for Retaliation
If you were fired or otherwise retaliated against for filing a workers comp claim, you have legal options. You may be able to file a wrongful termination lawsuit against your employer seeking reinstatement to your job, back pay for lost wages, front pay if reinstatement isn’t possible, compensation for emotional distress, punitive damages to punish your employer, and attorney’s fees and court costs. These claims are separate from your workers compensation claim and may provide additional compensation beyond your workers comp benefits.
Retaliation Claims Have Time Limits
Like workers comp claims themselves, retaliation claims must be filed within specific time limits. In Louisiana, you generally have one year from the date of the retaliatory action to file a lawsuit. However, some circumstances might allow for longer or shorter deadlines depending on the specific legal theories involved. Don’t wait to seek legal advice if you believe you’ve been retaliated against.
Your Job May Be Protected Under FMLA
In addition to workers comp retaliation protections, you may have job protection under the federal Family and Medical Leave Act if your employer has 50 or more employees and you’ve worked there for at least a year. FMLA allows eligible employees to take up to 12 weeks of unpaid leave for serious health conditions, including many work-related injuries. Your employer cannot fire you for taking FMLA leave, and you’re entitled to return to your same or equivalent position when your leave ends.
Reasonable Accommodation Requirements
If your work injury results in a disability, you may have additional protections under the Americans with Disabilities Act. Employers with 15 or more employees must provide reasonable accommodations for disabled workers unless doing so would create undue hardship for the business. Reasonable accommodations might include modified work schedules, adjusted duties, assistive equipment, or temporary reassignment to a different position.
What Your Employer Can Legally Do
While your employer cannot fire you for filing a workers comp claim, there are legitimate reasons you might lose your job after being injured. If your injury prevents you from performing your essential job duties and no reasonable accommodation exists, your employer may legally terminate you. If you legitimately violated company policies unrelated to your injury, termination may be lawful. And if your position is eliminated for genuine business reasons affecting multiple employees, that may not constitute retaliation even if the timing seems suspicious.
Light Duty and Return to Work
Many employers offer light duty positions to injured workers who cannot yet return to their regular jobs. While accepting light duty work can be beneficial, you should understand your rights first. If you refuse an appropriate light duty position, your temporary disability benefits may be reduced or terminated. However, you’re not required to accept light duty work that exceeds your medical restrictions or aggravates your injury. A workers comp lawyer can help you evaluate whether a light duty offer is reasonable and appropriate.
Don’t Let Fear Stop You from Filing
The fear of retaliation should never prevent you from filing a legitimate workers compensation claim. You have legal rights and protections. If retaliation does occur, you have remedies available. The cost of not filing your claim—losing out on medical coverage, wage replacement benefits, and disability compensation—is far greater than the risk of unlawful retaliation, which you can challenge in court.
Get Legal Advice Before Making Decisions
If you’re injured at work and worried about your job security, consult with a workers comp lawyer before making any decisions about whether to file a claim, what to say to your employer, whether to accept a settlement offer, or how to respond to discipline or termination. Legal advice can help you protect both your workers comp benefits and your employment rights.
Your employer cannot legally fire you for filing a workers compensation claim in Louisiana. If you’ve been injured on the job and fear retaliation, or if you’ve already experienced retaliation, contact Attorney Ted Williams for experienced legal representation. We’ll protect your rights and hold your employer accountable. Learn more about our legal services or read testimonials from clients we’ve represented on our Google Business profile.