Discover the top signs of retaliation
and how to fight back in Charlotte
Workers who are injured on the job in North Carolina have the legal right to file a workers’ compensation claim and receive certain types of benefits without fearing retaliation from their employers. However, the unfortunate reality is that retaliation still occurs, leaving many injured workers feeling vulnerable and unsure of their options.
This article aims to shed light on the illegal practice of employer retaliation for workplace injuries in North Carolina. We’ll delve into the top signs and methods employers use to retaliate against injured workers who file a claim. Knowledge is your most powerful tool, and understanding the red flags can help you protect yourself from unfair treatment and assert your rights as an injured worker.
If you suspect you’re experiencing retaliation after filing a workers’ compensation claim, don’t hesitate to seek help from the experienced Charlotte work injury attorneys at Wilder Pantazis Law Group. We can help you navigate the complexities of North Carolina workers’ compensation law and advocate for your rights so you can get the benefits you deserve.
Schedule your free consultation today.
Top signs your employer is retaliating after a work injury
If you’ve recently suffered a work injury and are experiencing any of the following actions after filing a workers’ comp claim, it could be a sign that your employer is retaliating against you.
You’re fired
Being terminated after filing a workers’ comp claim can be a clear sign of retaliation. This is especially suspect if the employee had a good performance record before the injury and there were no previous indications of job performance issues.
If the firing occurs without a valid, documented reason and seems directly linked to the workers’ comp claim, it strongly suggests retaliation. Employees should document their work history and any communications with their employer to protect themselves against such unjust actions.
You’re demoted
Being demoted after filing a workers’ compensation claim is a subtle but damaging form of retaliation. Employers might try to mask the demotion as “restructuring” or claim that the employee is unable to perform their previous duties due to their injury.
However, if the demotion results in a loss of pay, responsibilities, or status, it could be a clear sign that the employer is trying to punish the worker for seeking compensation.
Such actions can create a hostile work environment and discourage other employees from exercising their legal rights.
You’re given a negative performance review
Receiving a negative performance review shortly after filing a workers’ compensation claim can be a sign of retaliation, especially if the employee had consistently positive reviews beforehand. Employers might use the review to create a paper trail suggesting poor performance, hoping to justify future actions like demotion or termination.
It’s important to scrutinize the review for any inconsistencies or unsubstantiated claims, and to compare it with previous evaluations to identify any sudden or unexplained changes in assessment.
Your salary or benefits are cut
A sudden cut in salary or benefits after filing a workers’ compensation claim is a blatant sign of retaliation. Employers might try to disguise the cut as a company-wide policy change or blame it on budget constraints, but if the timing coincides with the claim and other employees are unaffected, it’s likely a deliberate attempt to punish the worker.
This type of retaliation can have a significant financial impact on the injured employee and their family, making it crucial to seek legal advice if it occurs. Employees should document any changes to their compensation and benefits and compare them to the terms before the injury to establish a pattern of retaliatory behavior.
Your hours are reduced
While it’s sometimes necessary to cut an employee’s hours based on their doctor-ordered work restrictions following an injury, doing so without a valid medical or business reason can be a clear sign of employer retaliation.
If an employee’s hours are reduced significantly after filing a workers’ compensation claim, and this reduction does not align with any medically advised limitations or legitimate business needs, it may indicate that the employer is attempting to punish the employee for filing the claim.
Such a reduction in hours can severely impact the employee’s income and benefits, increasing their financial stress. Documenting changes in work schedules, along with any communications from the employer, can help demonstrate that the reduction in hours is retaliatory.
Returning to Work After an Occupational Injury or Illness in North Carolina
Understand how returning to work might impact your workers’ compensation benefits.
You’re assigned a new shift or different hours
A sudden and inconvenient change in shift or work hours can be a sign of retaliation, especially if your boss is aware of your commitments outside of work. Assigning you a new schedule that conflicts with childcare, medical appointments, or other important responsibilities can be a way for employers to make your job untenable, forcing you to quit or reduce your hours.
This is a particularly insidious form of retaliation because it can be disguised as a legitimate business decision, making it difficult to prove the employer’s malicious intent. However, if the change in schedule seems arbitrary or unnecessarily disruptive to your life, it’s important to consult with an attorney to discuss your options.
You’re excluded from new projects
Being excluded from new projects after filing a workers’ compensation claim can be a sign of retaliation, especially if you were previously involved in similar projects. This exclusion can be detrimental to your career advancement, as it limits your opportunities to learn new skills, gain experience, and showcase your abilities.
If you notice a pattern of being sidelined from important tasks or initiatives, and you suspect it’s due to your workers’ compensation claim, it’s crucial to document these instances and consult with an attorney to protect your rights.
You’re experiencing verbal or physical abuse
If you begin to experience verbal or physical abuse from your employer or colleagues after filing a workers’ compensation claim, it’s a clear and serious sign of retaliation.
Verbal abuse may include threats, insults, or unwarranted criticism, creating a hostile work environment that can make it unbearable for the employee. Physical abuse, although less common, involves any unwanted physical contact or aggressive behavior.
Such actions are not only unethical but also illegal, and they can have severe psychological and physical impacts on the victim.
If abuse begins or escalates after filing a claim, it indicates a retaliatory motive, so it’s crucial to document the incidents, report them to the appropriate authorities (if applicable), and seek legal counsel to protect your safety and pursue justice.
What To Expect After Hiring a Workers’ Compensation Lawyer
Get a detailed overview of the workers’ compensation claims process in North Carolina—from calling an attorney to taking your claim to court.
You’re suddenly the subject of false rumors around the workplace
Being the target of false rumors at work after filing a workers’ compensation claim can be a form of retaliation that creates a hostile work environment. These rumors can damage your reputation, isolate you from your colleagues, and make you feel uncomfortable and unwelcome in your own workplace.
If you notice that untrue or negative gossip about you has started circulating after your claim, it’s important to address it directly with your supervisor or HR department. Keep a record of the rumors and any attempts you make to address them, as this documentation could be valuable if you decide to pursue legal action against your employer.
You’re transferred to another location
Being transferred to another location after filing a workers’ compensation claim can be a sign of retaliation, especially if the new location is inconvenient, undesirable, or involves a significant commute. This could be a way for employers to make your job less appealing and push you to quit.
If the transfer seems arbitrary and you suspect it’s connected to your claim, documenting the timing, reasons given for the transfer, and any changes in job duties can help you build a case for retaliation.
You’re denied a scheduled raise
Scheduled raises are typically based on performance reviews, tenure, or company policy, and if you were on track to receive one before your injury, being denied can indicate punitive action. This denial can significantly impact your financial stability and morale, especially if no clear, documented reason is provided for withholding the raise.
If the timing of the denial coincides with your workers’ comp claim and there is no legitimate performance-related justification, it strongly suggests retaliation. Documenting the timeline of your raise schedule, performance reviews, and any communications regarding the denial can help support your case.
You’re denied overtime work
Being denied overtime work after filing a workers’ compensation claim can be a sign of retaliation, especially if you were regularly offered overtime before your injury and your injury doesn’t limit the hours you’re able to work.
Employers might claim that the denial is due to your injury-related limitations or a decrease in workload, but if other employees with similar positions are still receiving overtime opportunities, it could be a deliberate attempt to limit your income and make your job less appealing.
What should I do if I believe my employer is retaliating because I filed a workers’ comp claim?
If you believe you’re experiencing retaliation for filing a workers’ compensation claim in North Carolina, here’s what you should do:
- Document everything. Keep detailed records of any actions taken against you, including dates, times, and the specific details of the incidents. Also, gather statements from eyewitnesses if any were present.
- Report the retaliation. Inform your employer in writing about your concerns regarding retaliation. This can sometimes resolve the issue internally, and even when it doesn’t, their response may be useful in building your case.
- Consult an attorney. If internal reporting does not resolve the issue, contact an attorney. An experienced workers’ compensation attorney can help you understand your rights, evaluate your case, and advise you on the best course of action.
- File a complaint. Depending on the severity of the retaliation, you may need to report it to the appropriate authorities, such as the North Carolina Retaliatory Employment Discrimination Bureau or the Equal Employment Opportunity Commission (EEOC).
Remember, you have the right to file a workers’ compensation claim without fear of retaliation. Don’t hesitate to seek help if you believe your employer is violating your rights.
Experiencing employer retaliation after filing a NC workers’ comp claim? We can help!
If you’re an injured worker in Charlotte facing retaliation from your employer after filing a workers’ compensation claim, don’t let your employer’s intimidation cost you your livelihood.
At Wilder Pantazis Law Group, we understand the tactics employers use to silence injured workers, and we’re here to fight for your rights. With more than 85 years of combined experience, our attorneys have a deep understanding of workers’ compensation law and a proven track record of securing justice for our clients.
Contact us today for a free consultation where we can review your case, explain your options, and help you navigate the complexities of workers’ compensation retaliation so you can get the compensation and respect you deserve.