Retaliation Against Employee for Workers Compensation Claim
Wondering if You Have a Claim for Retaliation?
Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team. Use the button below to get started- it is 100% confidential and 100% free.
Retaliation Solution
We first attempted to reach a negotiated solution for David, but ultimately had to file a civil complaint alleging retaliation under the Workers Compensation Law, among other claims.
Importantly for David's claim, since he had been actively discouraged from filing a Workers Compensation claim in the first place, we found a Massachusetts case that held that the Workers Compensation statute was "broad enough to prohibit
discharge in retaliation for an employee's assertion of an intention to file such a claim or as a preemptive strike to prevent him or her from doing so.”
David was therefore entitle to assert the Workers Compensation retaliation claim even though he had not actually opened a Workers Compensation case, because of his employer's explicit discouragement and swift termination of his employment before he could open such a case.
After filing the suit, but before discovery, we were able to negotiate a settlement for David that compensated him for his wrongful termination.
Importantly for David's claim, since he had been actively discouraged from filing a Workers Compensation claim in the first place, we found a Massachusetts case that held that the Workers Compensation statute was "broad enough to prohibit
discharge in retaliation for an employee's assertion of an intention to file such a claim or as a preemptive strike to prevent him or her from doing so.”
David was therefore entitle to assert the Workers Compensation retaliation claim even though he had not actually opened a Workers Compensation case, because of his employer's explicit discouragement and swift termination of his employment before he could open such a case.
After filing the suit, but before discovery, we were able to negotiate a settlement for David that compensated him for his wrongful termination.
Postscript
If you are injured at work, remember that you have rights under the Workers Compensation statute, even if your employer does not help you file a claim or actively discourages you from filing a claim. We can help you with a workers compensation claim, we well as with any issues relating to retaliation you may face after making such a claim.
How Our Employment Lawyers Can Help
We have years of experience representing people who have faced retaliation at work for engaging in activities that are protected under the law, and we would be happy to help you. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.