Employer Retaliation When Applying for Workers’ Comp

In Nevada, workers are legally entitled to seek compensation for injuries sustained on the job without fearing employer retaliation. Unfortunately, some employers may engage in retaliatory practices in an attempt to discourage legitimate claims. If you believe you are experiencing retaliation after filing a workers’ comp claim, it is crucial to seek expert legal assistance to protect your rights and ensure you receive the benefits you deserve.

Types of Employer Retaliation When an Employee Applies for Workers’ Comp

When an employee files a workers’ compensation claim, they may face various forms of retaliation from their employer. Some common forms include:

• Termination: Firing an employee soon after they file a claim, especially if the employee has a history of good performance, can be a blatant form of employer retaliation.
• Demotion: Lowering an employee’s job title or responsibilities without a valid reason can be a tactic to punish them for filing a claim.
• Reduction in Hours or Pay: Cutting the employee’s hours or salary can be an underhanded way to retaliate and force them out of their position.
• Negative Performance Reviews: Giving the employee unjustifiably poor performance evaluations to create a paper trail that could justify future disciplinary actions.
• Isolation and Exclusion: Excluding the employee from meetings, projects, or work-related social activities to create a hostile work environment.
• Harassment: Subjecting the employee to verbal abuse, unwarranted criticism, or other forms of harassment to make their workplace experience unbearable.

Legal Protections for Employees

Employees who face retaliation for filing a workers’ compensation claim are protected under both federal and state laws. Under the Occupational Safety and Health Administration (OSHA) regulations, it’s illegal for employers to retaliate against employees for asserting their rights under workers’ compensation laws. Specifically, Nevada Revised Statute (NRS) 616C.040 explicitly prohibits employer retaliation against workers seeking compensation for job-related injuries or illnesses. 

Employees subjected to such unfair treatment can file a complaint with the Nevada Equal Rights Commission (NERC) or pursue legal action in civil court. These legal protections ensure that employees can exercise their rights without fear of retribution, promoting a safer and more equitable workplace.

How a Workers’ Compensation Lawyer Can Help if You Were a Victim of Employer Retaliation

An experienced workers’ compensation lawyer can provide vital assistance to employees who have experienced retaliation after filing a workers’ compensation claim. The lawyer can help gather evidence to substantiate the claim of retaliation, including documentation of any demotions, terminations, or reductions in pay that occurred after the filing of the workers’ comp claim. Additionally, they can obtain witness statements and other forms of proof that demonstrate a pattern of retaliatory behavior by the employer.

A workers’ compensation lawyer will be well-versed in the specific legal protections and procedures in place under Nevada law, such as the Nevada Revised Statute (NRS) 616C.040, and can ensure that these statutes are effectively leveraged in your case. This expertise is crucial when filing complaints with the Nevada Equal Rights Commission (NERC) or pursuing civil litigation to secure compensation for damages incurred due to retaliation.

Furthermore, a lawyer can negotiate with the employer or their legal representatives to seek a fair settlement or advocate on your behalf in court, if necessary. They provide invaluable support and representation, alleviating the stress involved in managing legal proceedings while you focus on recovery.

Attorney at Law Jay Short: Workers’ Compensation 

If you’ve experienced a work-related injury or illness and face problems caused by your employer, rely on Jay Short, Attorney at Law. We specialize exclusively in workers’ compensation cases and are dedicated to securing the compensation you need and deserve. To arrange a free consultation, contact us at (775) 786-2006 anytime, day or night. We’re also available online.