Filing a workers’ compensation claim through Washington State’s Department of Labor & Industries (L&I) should never jeopardize your job. Unfortunately, retaliation is a harsh reality for many employees who exercise their legal rights. Employers sometimes terminate, demote, or harass workers after they file an L&I claim, actions that are not only unethical but also illegal.
If this sounds familiar, you need strong legal representation to protect your rights and secure the benefits you deserve. Here’s what you need to know about retaliation after filing an L&I claim and how an experienced attorney can help.
What Is Retaliation After Filing an L&I Claim?
Retaliation occurs when an employer takes adverse action against an employee for filing or pursuing a workers’ compensation claim. Common examples include:
- Termination: Losing your job shortly after filing a claim.
- Demotion or pay cuts: Being moved to a lower position or having wages reduced.
- Hostile work environment: Harassment or intimidation from supervisors or coworkers.
- Unreasonable work restrictions: Assigning tasks that violate medical restrictions.
These actions are illegal under Washington State law. If you’ve experienced retaliation, you may have grounds for a claim against your employer.
Employment Law Protections Against Retaliation
Washington law prohibits employers from retaliating against employees who assert their rights under workers’ compensation or other employment statutes. Under state and federal law, you are protected from:
- Wrongful termination: Firing an employee for filing a claim is unlawful.
- Discrimination: Treating injured workers differently than others.
- Harassment: Creating a hostile work environment to force resignation.
If your employer violates these protections, you can pursue legal remedies through an experienced employment and workers’ compensation attorney.
Your Rights Under Washington Workers’ Compensation Law
Washington law provides protections for injured workers, including but not limited to:
- Medical benefits
- Death benefits and survivor pensions
- Time-loss benefits (wage replacement)
- Travel reimbursement
- Vocational rehabilitation
- Loss of Earning Power (LEP) benefits
- Property damage reimbursement
Signs You’re Facing Retaliation
Watch for these warning signs after filing an L&I claim:
- Sudden negative performance reviews.
- Pressure to return to work before you’re medically cleared.
- Threats about job security or benefits.
- Isolation or harassment from management or coworkers.
If you notice these signs, document everything and seek legal advice immediately.
Why Employers Retaliate
Employers may retaliate to avoid increased insurance premiums or administrative costs. Some believe discouraging claims will protect their bottom line. But retaliation is against the law, and you don’t have to face it alone.
How Legal Representation Helps
Hiring an attorney experienced in workers’ compensation and employment law offers several benefits:
- Protect your job and benefits: Ensure you receive wage replacement and medical benefits.
- Challenge employer misconduct: Hold employers accountable for illegal retaliation.
- Navigate complex laws: Washington’s workers’ compensation and employment statutes can be confusing. A lawyer ensures compliance and strengthens your case.
What to Do If You’re Retaliated Against
- Document everything: Keep records of conversations, emails, and incidents.
- Get medical documentation: Ask your doctor for written restrictions.
- Contact a lawyer: Schedule a free case review to discuss your options.
Why Choose Emery | Reddy, PC
- Proven results: Successful outcomes for injured workers and employees facing retaliation.
- Deep expertise: Knowledge of Washington workers’ compensation and employment law.
- Client-first approach: No fee unless we recover for you.
Your health and financial security matter. Don’t let retaliation derail your recovery.
Take Action Today If you’ve been retaliated against for filing an L&I claim, don’t wait. Contact Emery | Reddy for a free case review. Legal help ensures your rights are protected and your benefits secured.
