Injured workers have remedies provided through workers' compensation laws in all the states. These same laws also protect employers, because they tend to be the only remedy that injured employees may seek from their employers. Many employers however don't look happily on those that file workmans' compensation claims; some unlawfully discriminate against such employees. The attitude of many employers and the legal firms they retain may be "guilty until proven innocent and even if innocent figure some way to mitigate the amount of money required to settle the issue at the injured party's expense". To protect employees from employers who discriminate, unjustly try to terminate or harass injured employees these states allow employees to bring civil actions against their employers for the tort of "retaliatory discharge."
If you believe you have been discriminated against or discharged in retaliation for exercising your rights under workers' compensation laws you may have a claim against your employer. In a retaliatory discharge suit, you must convince a judge or jury that you were terminated because you exercised your rights under workmans' compensation laws.
Retaliation can also take more subtle types of discrimination: demotion, salary reduction.
So be careful out there....your employer and their legal council and insurance companies do not always look out for your best interests...only you can do that.
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