No, you can‘t be demoted or fired for filing a workers‘ comp claim. If you were hurt on the job and did the right thing by reporting the injury and filing a workers’ compensation claim, you shouldn’t have to worry about losing your job. Unfortunately, some employers still retaliate against workers who exercise this legal right.
If you’ve been demoted, reassigned, or even fired, you’ve faced illegal retaliation that can hurt your finances and career. Fortunately, Boston workplace retaliation lawyers make sure your employer is held accountable for retaliation.
Since 2022, we’ve represented individuals who’ve been directly harmed by retaliation and have won impressive verdicts for workers like you. You can count on our team to stand up against your employer and protect your rights.
The Law Protects You From Getting Demoted or Fired for Filing a Workers’ Comp Claim
Getting fired or demoted for filing a workers’ comp claim is considered retaliation. In Massachusetts, taking retaliatory actions against an employee for filing a workers’ comp claim is strictly illegal. The law protects you from the following forms of retaliation after seeking workers’ comp benefits:
- Firing you for filing a claim
- Demoting you after an injury
- Giving you false poor performance reviews
- Reassigning you to a worse shift or location
- Intimidating or harassing you on the job
According to Massachusetts General Laws c. 152 § 75B(2), you cannot be fired or discriminated against for exercising your workers’ compensation rights.
If you’ve been retaliated against after seeking benefits–with or without the help of a Boston workers’ compensation lawyer–you have the right to take legal action. Reach out to an attorney today to get the help you need to win your case.
For a free legal consultation, call (860) 999-9394
Compensation You Can Receive From a Retaliation Claim
When you are demoted or fired for filing a workers’ compensation claim, you have the right to seek compensation for the financial losses and intangible challenges you’ve faced. Depending on your unique situation, a dedicated attorney may pursue the following damages for you:
- Lost wages and benefits
- Future lost earnings
- Emotional distress damages
- Legal fees and court costs
When you meet with a lawyer to discuss your case, they’ll review the economic and non-economic losses you’ve incurred due to retaliation. Doing so will help them calculate the true value of your claim, so you can get the financial support you need to move past this unfortunate incident.
How an Attorney Can Combat Retaliation
There are many steps an attorney can take to help you get justice after you’ve been fired or demoted for filing a workers’ comp claim. Here’s what a lawyer can do to ensure your case is as strong and successful as possible:
- Document the timeline of events and save records related to retaliation
- Collect records of internal communications
- Interview co-workers and others who witnessed the retaliation you experienced
- Gather solid evidence of patterns of retaliation
- Challenge the reasons your employer gave for demotion or termination
- File a claim on your behalf
- Take your case to court, if necessary
- Work tirelessly to protect your rights and the future of your career
As you can see, there’s a lot that an attorney can do to help you recover from workplace retaliation and get the justice you deserve. No matter how complicated or serious your case is, you can count on an experienced lawyer to get the best results possible for you.
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Respect for Unions and Workers
We know many of our clients are union workers, such as pipefitters, MBTA drivers, nurses, and more. Even though you may have a grievance process through your union, you also have rights under state and federal law. We’re not here to replace your union. Instead, we’re here to reinforce it and make sure your individual rights are protected.
Whether you’re in a union or not, we are your ally in standing up to unfair treatment at work. Reach out to an attorney today to learn more about your rights after being demoted or fired for filing a workers’ comp claim. You’ll find that our team is eager to make your voice heard and support you during this stressful time in your career.
Complete a Free Case Evaluation form now
Contact Us if You’ve Been Retaliated Against for a Workers’ Comp Claim
At Duddy, Goodwin & Pollard, we hold employers accountable when they try to push injured workers out. If your job, your schedule, or your pay changed after you filed a claim, don’t hesitate to reach out to our firm. We’ve helped countless Massachusetts workers get justice after retaliation, and we’re ready to help you too.
Contact us today to schedule a free consultation. We’ll meet with you to discuss your situation and explain why you can’t be fired or demoted for filing a workers’ comp claim. We work on contingency, so you won’t have to pay us unless we recover compensation for you.
Call or text (860) 999-9394 or complete a Free Case Evaluation form