Unfortunately, this also sometimes happens. Employers don’t want their insurance rates to go up after the carrier pays a workers’ compensation claim. For this reason, they may try to talk you out of filing a claim, and they may not be happy if you do it anyway.
Retaliation can take many forms. Your employer may drum up an excuse to fire you. They may suddenly start finding in flaws in your work, such as things they never objected to before. They might start writing you up for things your coworkers do without issue. When they have a sufficient number of writeups/demerits, they may then terminate you, claiming it’s for “cause.”
On the other hand, some employers instead try to make you so miserable that you’ll quit. You might notice that your boss or other employees are suddenly treating you differently. They may give you the cold shoulder, harass you, make rude or abusive remarks, and generally go out of their way to create a hostile workplace. You may feel that your boss or others are attempting to sabotage you – for example, they may repeatedly forget to tell you the information you need to do your job, or do other things to ruin your work. It may be just your boss who does these things, or your colleagues may join in as well (likely due to being pressured by someone in power).
Again, if you feel you’re experiencing harassment or retaliation, you should document everything that happens. Take pictures of any sabotaged work, abusive notes, writeups, instructions that don’t make sense, etc. Try to save any problematic work communications, like emails, to an external drive you can take home. Let your lawyer know what’s going on, and document any efforts you’ve made to address the issues in the workplace (such as fixing a sabotaged project). The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits such retaliation against a worker who filed a workers’ compensation claim, but it will be necessary to prove the following:
The retaliation was related to a “protected” activity – in this case, filing for workers’ compensation benefits.
The employer made a “materially adverse” action against you, the worker – being terminated or harassed to the point of being unable to do your job, for example.
There was a certain level of connection between the protected activity and the “materially adverse” action. In other words, if you were fired, you’ll need to show a significant connection between filing the claim and your termination.
The more you document any retaliation you experience, the more likely it is that your attorney will be able to demonstrate you experienced retaliation in court. If you’re in this situation, don’t hesitate to contact an attorney. You only have 180 days after the termination or other adverse act to file a retaliation claim under REDA with the North Carolina Department of Labor. Your attorney can walk you through this process if they believe you have a strong case. After investigating the claim, the Department of Labor may try to resolve the situation. Alternatively, they may send you a “right to sue” letter advising you that you may proceed with a lawsuit against your employer.
Our goal at Tatum & Atkinson, PLLC is to help our clients throughout NC quickly and efficiently with their workers’ compensation cases. We know that time is of the essence to help you receive a fair settlement. That is why if you call now, you can speak to Robert Tatum or Season Atkinson. Our experience and knowledge of workers’ compensation law will help you get the process started FAST! We’ll work hard to get you the settlement you deserve quickly, and hopefully keep you out of court. Contact us now by email or call 800-LAW-0804 (800-529-0804).