Retaliation for workers’ compensation claims puts additional stress on an injured employee. In Oklahoma, most employers must offer workers’ compensation insurance that provides benefits for medical treatment, wage replacement, and rehabilitation for work-related injuries or illnesses. However, some individuals face retaliation for workers’ comp claims.
A skilled workers’ compensation attorney at Ryan Bisher Ryan & Simons can help protect your rights and seek justice on your behalf. Contact us today for a free consultation.
What Is Workers’ Comp Retaliation?
If you suffer a work-related injury or illness in Oklahoma, you have the right to file a claim through your employer’s workers’ compensation insurance. Regrettably, some employers try to dissuade workers from filing a claim because they fear increases in their insurance premiums or for other reasons. Retaliation occurs when an employer treats an employee unfairly after the employee performs a protected activity, such as filing a workers’ compensation claim. Employer retaliation actions against workers who file workers’ compensation claims include:
- Harassment or bullying through undue scrutiny or intimidation
- Negative evaluation or annual review despite evidence of satisfactory or exemplary performance
- Denial of promotion, raise, or bonus despite employee’s qualifications and performance
- Demotion without justification
- Reduced hours or wages
- Failure to provide reasonable accommodations if an employee returns to work with limitations from their injury or illness
- Undesirable change in job responsibilities, such as a transfer to a less favorable shift or work location
- Termination
Can an Employer Retaliate Against a Workers’ Compensation Claim?
Oklahoma retaliation laws prohibit employers from retaliating against injured workers who file a workers’ compensation claim. Employers cannot retaliate against an employee who:
- Submits a workers’ compensation claim in good faith
- Hires an attorney to represent them at all proceedings
- Initiates any legal proceeding related to the claim
- Provides testimony regarding the claim
How Can I Prove My Employer Is Retaliating Against Me?
Oklahoma is an “at-will” employment state, which means that your employer can terminate you for various reasons. You need proof that your employer unfairly treated or unfairly terminated you due to pursuing a work comp claim. Recommendations for gathering evidence include:
- Keep medical records proving your injury or illness to show the validity of your workers’ comp claim.
- Save emails, text messages, performance reviews, praise, reprimands, or any written communication relevant to your case.
- Document the dates and times of incidents, conversations, or any changes in your employment conditions, along with any lost wages.
- Ask colleagues who witness or have knowledge of your employer’s actions.
- Create a timeline of events to show a potential cause-and-effect relationship between filing your claim and your employer’s alleged retaliation.
- Contact an Oklahoma workers’ compensation attorney for help with your case.
Get Help from Our Oklahoma Workers’ Compensation Lawyers
An Oklahoma workers’ compensation lawyer can gather evidence to prove your employer violated state laws regarding retaliation. You deserve a strong legal advocate to protect you and pursue compensation for the harm you suffered.
Ryan Bisher Ryan & Simons focuses our legal experience on helping those injured or harmed by someone’s negligence or wrongdoing. Our three partners have been with our personal injury law firm since our founding in 1984. We provide skilled legal representation for workers’ comp cases, Social Security claims, car accidents, and other injury cases. Contact Ryan Bisher Ryan & Simons today for a free consultation.
Get Started