PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone, through video conferencing, or in person by appointment only. Please call our office to discuss your options.

Montana’s Premier Workers’ Compensation and Personal Injury Firm

Workers’ compensation: Are you afraid of retaliation?

| Mar 18, 2021 | Workers' Compensation

If you have been injured in the workplace, it is likely that you are covered under workers’ compensation law like the vast majority of workers in the United States. Even if you are an undocumented worker, you have the right to file a workers’ compensation claim as though you are a natural-born citizen.

When you are preparing to make a workers’ compensation, you may start to worry about the prospect of retaliation. This may be because of comments that your employee has made or because you have heard stories from bad experiences that other workers have had. The bottom line is that you are legally protected from retaliation when you file a workers’ compensation claim, regardless of whether or not you are successful. The following is an overview of your workers’ compensation rights and your legal protections. 

You will always be protected

Even if you file a workers’ compensation claim that is unsuccessful for one reason or another, your employer will not be able to take any type of retaliatory action as a result of you deciding to do this. They cannot engage in bullying, deny you work, demote you, fire you or subject you to disciplinary action. However, this does not mean that you cannot be fired while you are in the process of filing a workers’ compensation claim. It simply means that you cannot be fired because of your decision to file a workers’ compensation claim.

What type of damages can I gain?

If you are successful in your workers’ compensation claim, you will be able to gain compensation for all medical costs associated with your injury. You will also be able to gain back a portion of the wages that you lost during recovery, and you may also be entitled to retraining for a new career.

If you have recently been injured at work, you should never be worried about retaliation. Make sure that you assert your legal rights and gain the compensation that you deserve.