Workers’ Compensation: Can My Employer Retaliate?

What Options Do I Have If I Lost My Job Because I Filed for Workers’ Comp?

In Nevada, you have options if your employer retaliates against you because you filed a claim for workers’ compensation. Nevada law does not allow harassment, demotion or firing of an employee because they filed an injury/illness claim for benefits. Because Nevada allows termination for any reason, filing for workers’ comp is not one of them. If this happens to you, contact a workers’ comp lawyer for help in recovering what you are entitled to.

Why Would My Employer Not Want to Accept My Injury Claim?

Nevada employers are required to carry workers’ compensation coverage for their workers. However, when claims are filed, they might increase the employer’s premiums, which the employer doesn’t want to happen. This causes some employers to actively discourage their workers from filing a claim. Other employers might try to retaliate if their injured workers were approved to receive benefits. 

In What Ways Can an Employer Retaliate If I File a Workers’ Compensation Claim?

There are a number of ways in which an employer can retaliate against a worker who is claiming or has been granted workers’ comp benefit, including:

  • Being denied a promotion
  • Receiving a performance review that was negative for no good reason
  • Being fired for no reason
  • Being demoted
  • Having their pay docked for no good reason
  • Being denied reasonable accommodation due to their injury
  • Being transferred to a different location or an undesirable shift

What Options Do I Have If I Lost My Job Because I Filed for Workers’ Comp?

If you were wrongfully terminated after filing for workers’ comp, you will have to prove it. Common reasons used by employers for dismissing a worker include frequent lateness, making continued mistakes in the performance of their job and being unmotivated. However, these claims can be investigated to prove they are untrue or show bias. Many of these cases are resolved through settlement with the help of a workers’ comp lawyer. A wrongful constructive termination lawsuit can be filed if the employer makes the working conditions so difficult the employee feels forced to resign.

Recoverable Compensation After a Wrongful Termination

When a wrongfully dismissed Nevada employee files a lawsuit, they may be eligible to recover the following:

  • Wages that were lost due to the wrongful termination are recoverable, along with benefits.
  • The employee may be able to recover compensation for pain and suffering due to the emotional and psychological distress the wrongful termination caused.
  • In cases where workers’ comp was intentionally withheld, the injured worker may be able to ask that punitive damages be awarded.
  • The employee may be able to be reinstated in their job.
  • The judge may order court and attorney fees to be paid by the employer.

A Workers’ Comp Attorney Can Help

You or a loved one should seek legal help right away if they have been injured in a workplace accident in Nevada and have been a victim of employer retaliation. Contact a workers’ comp attorney today to learn how to protect your rights. Having experience with Nevada workers’ compensation law makes your lawyer a valuable asset who can help you maximize your chances of success.

Jay Short: Lawyer Specializing in Nevada Workers’ Compensation Cases

You can count on Jay Short, Attorney at Law, if you need to recover worker’s compensation benefits after a work-related injury or illness. Taking workers’ comp cases is all we do, and we work hard to get you the compensation you deserve. Any time during the day or night, you may reach us at (775) 786-2006 for a free consultation. Additionally, we offer online contact.