The workers’ compensation system exists to protect both employers and their employees in the event of a workplace injury. This system offers benefits to injured employees, such as cash compensation, medical care coverage, and vocational rehabilitation to prepare the employee for the return to work after recovering from injuries. However, the system is sometimes abused, and this can result in legal repercussions for employers.
Under LC 132(a), it is unlawful for an employer to discriminate against an employee who has filed a claim to receive workers’ compensation benefits. In other words, an employer may not use the fact that an employee has filed for benefits against them when determining whether or not to continue to employ them. In some cases, an employee may be terminated after filing for benefits for unrelated reasons, but then may choose to sue the employer for alleged discrimination in an effort to receive damages from their employer in a civil lawsuit.
The impact on your business’s reputation after discrimination allegations can be extremely negative, and flying rumors are only the beginning. The costs associated with going to trial, and paying out damages to an employee or former employee if the court finds in their favor, can be tremendous and possibly lead to major financial strain, especially for smaller businesses. This is why it is critical to seek counsel from an experienced, results-driven workers’ compensation defense attorney if you are dealing with discrimination allegations under LC 132(a).
With cases involving discrimination allegations, proving your lack of discrimination can be a challenge, as such cases often involve a lot of back-and-forth, he-said, she-said. A workers’ compensation defense attorney can thoroughly investigate the allegations and review documentation in an effort to prove that you acted within your rights as an employer and did not violate the rights of the employee who filed the suit.
You have rights and options under the law as an employer, and the attorneys at Sacks & Zolonz, LLP can help you become better acquainted with these rights and options. If you have been accused of discrimination by an employee, we can help. We specialize in defending employers in legal matters that arise over workers’ compensation, and we are available to assist you.
At Sacks & Zolonz, we understand how serious facing discrimination allegations can be. Our attorneys can help employers protect their reputations and their businesses when they are accused of engaging in discriminatory termination by an employee. We offer a range of workers’ compensation-related defense services to employers, and we can assist you and your business if you are facing legal issues after an employee has filed a claim for workers’ compensation. Contact us for a case evaluation today.