Many employees don't realize that there are no federal laws in place to protect them from retaliation for a worker's compensation claim. While filing for worker's compensation shouldn't leave you wondering about your future with the company, it does happen. Luckily, most states have protections against this type of retaliation, which means that you will have a legal avenue to protect your job. Here's a look at what you need to know about recognizing retaliation so that you'll be prepared to call a worker's compensation attorney if necessary. 

What Might Constitute Retaliation?

Although the specific guidelines for worker's compensation retaliation will vary from one state to the next, most of the laws prohibit actions such as demotions, reduction in pay, unwarranted and inaccurate poor performance reviews, inappropriate disciplinary actions and similar things. Most of the retaliation laws also provide some protection against termination as a result of your worker's compensation claim. You have to prove that the action wasn't justified based on your work performance.

How Can You Prove That It Is Retaliation?

In order for you to prove retaliation by an employer, you need documentation for the court that the action was directly motivated by the fact that you filed a worker's compensation claim. This is probably the biggest challenge of the process.

Your attorney will tell you if you have to prove that the claim was the sole factor or if it was simply a substantial factor in your employer's wrongful actions. The laws are different in each state. If your state requires that the filing is the sole factor, you'll have to be able to prove that any information presented by your employer is incorrect. Since most employers use an employment-at-will law or poor performance as grounds for termination, this part can be hard to accomplish.

Your employment history will likely be scrutinized by the courts as well. If there's any documentation of policy violations or other disciplinary actions in your record, your retaliation claim may be called into question.

However, if you can show a connection between when the company received notice of the claim and the action in question by your employer, some courts will consider that an inferred relation. And, if you can show that other employees did the same things without being disciplined the same way, that may help strengthen your case.

Even if you live in a state that doesn't offer legal protection against retaliation, you may still find it best to talk with a worker's compensation attorney (such as Zavodnick, Perlmutter & Boccia LLC) if you feel that you are being treated unfairly. He or she can evaluate the situation and tell you if you have a case.