State Laws
Retaliation

You cannot treat an employee any differently because he or she filed a workers' compensation claim. Depending on your state's laws, if you fire an employee because of a workers' compensation claim, that's "retaliation" and could expose your business to liability for a "wrongful discharge" lawsuit. If that happens, you should immediately contact an attorney who specializes in employment law.

Do I need a lawyer to defend me?

Normally, your workers' compensation carrier will handle most of the day-to-day administration of workers' compensation claims from your employees. However, if the workers' compensation carrier does not help you with certain matters, such as a "retaliation" lawsuit, you should contact an experienced employment lawyer to respond to the lawsuit.

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