Workers’ Compensation 11 : Retaliation

Q: For several years, I was employed as a truck driver and general yard man.  One day, I injured my shoulder and arm at work.  I filed for workers’ compensation benefits.

Afterwards I went into the office to pick up my check and notify my employer when I would be returning.  When I mentioned that my arm was still sore, HE responded, “Well, my arm is sore from filling out all of your compensation forms.”  Soon I was fired.

A: From what you say, it sounds like the employer’s dismissal of you may have been a retaliatory action in violation of Workers’ Compensation Law § 120 and like you should file a discrimination complaint with the Workers’ Compensation Board, alleging that you were fired because you had filed a workers’ compensation claim.

Presumably, the employer will argue either that you were not fired at all or that you were fired for cause.  So far as is permitted by the other evidence, the Workers’ Compensation Board is always free to credit your testimony over that of the employer.

When reviewing Board decisions regarding retaliatory discrimination under the Workers’ Compensation Law, the courts are well aware of the proof problems and have often acknowledged the Board’s broad authority to resolve factual questions based on credibility of the witnesses and draw reasonable inferences from the evidence submitted.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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