Workers' Compensation & Threats

What if an injured worker is threatened or discriminated against by his employer because of a workers’ compensation claim?

Some companies, either overtly or vaguely, threaten workers with discipline for asserting workers’ compensation rights. However, it is illegal for a company to discharge an employee, or in any manner discriminate against an employee, because the employee exercised his rights under the Worker’s Disability Compensation Act. In such cases, an employee can sue his employer for damages beyond workers’ compensation.

In addition, it would be a violation of the just cause provision of the union contract to be disciplined for asserting a right to workers’ compensation benefits. A grievance should be filed for such a contract violation.