The Michigan Workers’ Disability Compensation Act prohibits employers from retaliating against their employees for filing for workers’ compensation after suffering a workplace injury. If you believe that your employer retaliated against you for filing a claim, you should hire a workers’ compensation attorney in Michigan to protect your legal rights.
Different Forms of Employer Retaliation
While the ultimate employer retaliation against an employee who files for workers’ compensation benefits can be termination, there are other ways an employer can retaliate, including:
- “Bad Faith”/obstruction of the workers’ compensation claim process
- Ridicule, isolation, or threats at work
- Poor performance reviews and unwarranted disciplinary action
- Demotion, failure to promote or transfer
- Pay cuts and reduction or loss of certain benefits
- Refusal to hire or rehire someone because of filing of previous workers’ compensation claims
Your workers’ compensation attorney in Michigan will look at the specific facts of your case to determine whether, in fact, you were retaliated against for filing a workers’ compensation claim. If you were, you may be entitled to certain rights.
Legal Recourse for Employer Retaliation
If your workers’ compensation attorney in Michigan determines that you were, in fact, retaliated against for filing a workers’ comp claim, you may be entitled to compensation beyond what your workers’ compensation pays. But in order for your claim to be successful, your attorney will need to demonstrate a causal connection between your receipt of medical treatment and the retaliatory actions by your employer. Your attorney will also need to prove that there were no other reasons for your employer’s adverse actions.
If the Michigan Workers’ Compensation Agency determines that you were not terminated in retaliation but you were terminated because of your disability, you may be able to file a claim under the Americans with Disabilities Act.
If your employer retaliated against you for filing a workers’ compensation claim, you may be entitled to compensation for the wrongful actions of your employer under Michigan’s Workers’ Disability Compensation Act. For more information or to schedule a complimentary consultation with an experienced workers’ compensation attorney in Michigan, call the Law Offices of Christopher Trainor & Associates at (800) 961-8477.