Documenting Employer Retaliation After a Work Injury

Employer retaliation after a workers’ comp claim is a serious issue that affects many injured workers in Nevada. While filing a claim should protect your health and income, some employers respond by punishing you—subtly or directly.

If you’re noticing changes in how you’re treated at work after filing for workers’ compensation, you may be facing illegal retaliation. In this post, we’ll walk you through how to recognize it, document it, and take action to protect your rights.

What Is Employer Retaliation After a Workers’ Comp Claim?

Retaliation occurs when your employer takes negative action against you because you exercised your right to file a workers’ compensation claim. These actions may not always be obvious, which is why it’s important to know what to watch for.

Examples of workers’ comp retaliation include:

• Being fired or laid off shortly after your injury
• A demotion or sudden change in job duties
• Reduced hours, responsibilities, or benefits
• Poor performance reviews with no prior warning
• Harassment or intimidation at work

According to the U.S. Department of Labor, it is illegal for employers to retaliate against employees for reporting workplace injuries or filing workers’ comp claims.

How to Document Workers’ Comp Retaliation in Nevada

If you suspect retaliation, documenting it is critical. Strong documentation builds your credibility, supports your legal claim, and helps a lawyer prove your employer acted unlawfully.

Keep a Journal of Retaliation After Filing Your Claim

Start a written record immediately. Document every questionable action, including what happened, who was involved, and when it occurred.

Example:
July 5 – Removed from team leadership role without notice. Supervisor said the role was “being reevaluated,” despite no prior issues.

Over time, this record helps establish a timeline that connects your workers’ comp claim to your employer’s retaliatory actions.

Save Emails and Messages That Show Workplace Retaliation

Collect emails, Slack messages, texts, or memos that hint at retaliation. These might include:

• Comments about your injury or claim
• Sudden changes to your job responsibilities
• Complaints about your time off or medical appointments

Use your personal device or email to save copies. Do not store evidence on a work device that your employer can monitor or erase.

Request Your Work Records to Show Retaliation Patterns

Ask HR for copies of your:

• Performance reviews
• Attendance history
• Pay records
• Disciplinary actions

Compare records from before and after your workers’ comp claim to identify sudden shifts in how you’re evaluated or treated.

Ask Coworkers to Document Retaliation They Witnessed

If others saw your employer retaliate against you, their written statements can be powerful evidence. Even brief notes like:

“I noticed he was pulled from client accounts right after he filed the claim,”
…can back up your case.

Build a Timeline Linking Your Injury to Employer Retaliation

Organize the major events—your injury, claim filing, conversations with HR or management, and any retaliatory behavior. A clear timeline strengthens your argument that the retaliation was a direct response to your claim.

When to Contact a Lawyer for Workers’ Comp Retaliation

If the retaliation continues—or if you’ve already been terminated—talk to a lawyer as soon as possible. Nevada has strict deadlines for filing retaliation complaints.

A workers’ compensation attorney can:

• Analyze your evidence
• Help file a retaliation claim with the Nevada Equal Rights Commission (NERC)
• Negotiate a settlement or represent you in court
• Fight for back pay, job reinstatement, or other compensation

Waiting too long may limit your options. The sooner you act, the better your chances of success.

Take Action Against Employer Retaliation in Nevada

If you’ve suffered a work-related injury or illness and are facing challenges or retaliation from your employer, trust Jay Short, Attorney at Law to help. We focus exclusively on workers’ compensation cases in Nevada and are dedicated to securing the benefits and protection you deserve.

Contact us anytime—day or night—at (775) 786-2006 for a free consultation. You can also reach us securely online.