A quintessential part of adulthood is acquiring a full-time, stable job. One of the great things about full-time employment are the benefits that come with the position. These benefits typically include paid time off, health and dental insurance, paid medical leave and workers' compensation. Workers' compensation is a form of insurance that provides wage replacement and medical insurance in the event that workers suffer job-related injuries or illnesses. What can be done when an employee faces retaliation for rightfully using workers' compensation?
A nurse in another state recently filed a lawsuit over allegations that she was retaliated against for filing a workers' compensation claim. The lawsuit says the plaintiff was lifting a patient and suffered an injury at work. Because of her alleged injury, she filed a workers' compensation claim and took a leave.
The plaintiff alleges she was subjected to reduced work hours and unwarranted discipline, among other things, for using workers' compensation. The lawsuit also claims that the plaintiff was subjected to a hostile work environment by her manager for reporting patient safety issues. The plaintiff left her position to seek employment elsewhere due to the alleged retaliation, the lawsuit says.
Full-time employees in California and across the United States have established rights and laws to protect them in the workplace. Unfortunately, not all employers choose to follow these laws. Retaliation in the workplace is a direct violation of federal labor laws. Workers who feel they have been retaliated against by an employer have the right to take legal action. A successful lawsuit could result in a substantial financial award as well as a sense of justice.
Source: wvrecord.com, "Nurse alleges she faced retaliation during employment with Riparian Investments", Wadi Reformado, Sept. 6, 2017