Retaliation for Filing Workers Compensation Claim

Retaliation- Workers Compensation

I had sent an e-mail to my boss asking how I would go about turning in a Workers Compensation claim. Within 3 minutes of her reading my e-mail I was sent an e-mail stating that she had decided to change my "employment status" and that we would discuss the situation upon her return from vacation. In a separate e-mail she sent me the form to complete and return for filing my WC claim. Upon her return I was called into her office and she had my final paycheck prepared and let me go without any explanation. I am wondering if I have a case for Wrongful Termination due to Retaliation?

1 answer  |  asked Sep 14, 2004 5:06 PM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
retaliation--workers comp

In general, it is unlawful for an employer to take adverse employment action (such as termination) against an employee for filing or inquiring about filing a valid workers comp claim.

Based on the information you provided, it does appear that your termination was causally related to your inquiry about how to file such a claim. You may have a valid claim for wrongful termination based on retaliation.

There are other facts to consider, such as whether your workers' compensation claim would be valid, and also if there were any valid reasons for your termination (which the employer may cite). Accordingly, you should schedule a consultation with an attorney to evaluate your case. In some instances, the employer may be required to pay your attorney fees if you prevail on your claim for termination in retaliation for inquiring about filing a workers' comp claim.

If you are interested in scheduling a consultation, please feel free to contact me. My office telephone number is 303-860-8400 x 112.

posted by Nina Kazazian  |  Sep 14, 2004 10:54 PM [EST]

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