Is Retaliatory Workers’ Compensation Harassment a Legal Disability Discrimination?

Working in a hostility-free work environment is your right. This is especially important if you get injured at work. There is history when companies harass injured workers for the fact that they got injured; they force the employees to sign a non-filing agreement to get workers’ compensation, which means that the worker might feel that there isn’t any way to seek recourse for the targeted harassment they’re facing at work.

Workplace discrimination for temporary disability is an issue; if you’re facing it, you should seek legal help from a New Mexico attorney who works more precisely with workers’ compensation and employment law.

What’s Retaliatory Harassment

Retaliatory actions are defined as harassing behavior, notable changes to job duties or working conditions, or threats to take personnel actions.

If recently you were injured at work you already know what this means.

If you were injured at work, no matter if you have got your compensation plan or if the company is still trying to talk you down, the retaliatory harassment can begin at any point after your injury. The company may ask you to sign a non-filing agreement so they can protect themselves. Retaliatory harassment can manifest in various forms including begging you to come back to urging you to quit. Your employer may see your injury as not so serious or start suggesting that you’re too aren’t careful and clumsy which affects your job. Many employees in such cases feel demoted without cause and ridiculed in the workplace.

When is Retaliation Legal Discrimination

In case the employer harasses their injured employees with various approaches and methods, it’s a case of legal discrimination. In some cases, the employer will force the worker to make a decision that will only benefit the employer. They may also blame the victim for the incident that would make them look bad.

These urges may overlap and the worker may find themselves a subject of offensive jokes, insults, reduced responsibilities, or ridicule.

If any of these things can relate to your injury and happen a pattern that relates to your injury, you may be a victim of several retaliatory harassments.

Your employer can be sued for their actions, and you should get justice.

A Workplace Injury is a Disability

Many employees don’t know that when they have a temporary disability due to the injuries that occurred at work, they’re still considered legally disabled. Just because this disability will last for a brief time, it doesn’t mean that you’re ready to do the job you used to do with the same capacity.

The fact that most companies can’t fire or refuse to hire a person with a permanent limp, they too can’t discriminate against a person with a broken leg. Mocking a co-worker just because they have a life-long stutter is as liable for mocking a co-worker for talking funny while recovering from dental surgery. If you are being targeted because of your injury, you’re facing discrimination because of your current disability.

A temporary disability may apply to other situations in which the employer may try to end or demote an employee who is momentarily less physically able than they would be otherwise.

For example, pregnant women are at a higher risk of discrimination at the workplace, just like the people recovering from a medical procedure or who were injured in a non-work-related incident.

Any of these harassments is discrimination for temporary disability the worker can take legal actions. If you decide to file a lawsuit against the employer or co-worker your case can get to court even if you have already signed a non-filing agreement about another issue.

Do You Need to Hire an Attorney?

Just like in any harassment case, the best way to defend your case is to hire an attorney. While the harassment is happening, take notes and accounts from witnesses. If the harassment came in a written form such as e-mail or a text message, save it. Record everything that you think will be important for your case.

These notes will be of great help to your attorney.

Although some employees may fear their job and would rather not report such harassment, you shouldn’t stay quiet. The law is on your side.

Present your case to your attorney and let them review it. They will advise you on what to do next.

If you’re looking for a skilled and trusting attorney our team at FBD Law is here to help you. We offer a free consultation for our clients; contact us and schedule.


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