No one plans to become the victim of a workplace injury. Yet, according to the National Safety Council, 2.5 million Americans are permanently injured in workplace accidents each year. In 1970, the United States Congress passed the Occupational Safety and Health Act. The federal labor law ensures safe workplace conditions for millions of workers across the country. One of the provisions within the act prevents employers from punishing injured workers by terminating their employment. The Occupational Safety and Health Administration (OSHA), a division of the U.S. Department of Labor, administers and enforces the act.
Just because the Occupational Safety and Health Act prohibits employers from firing injured workers does not mean it cannot happen. In New Mexico, it is illegal to retaliate against injured employees, especially those seeking worker’s compensation benefits. If your employer fired you after you were injured on the job due to no fault of your own, contacting an attorney skilled in workplace accident law can help protect your rights.
There is no shortage of ways workers can get hurt on the job today. Some businesses and industries, like construction and manufacturing, are more prone to injured workers because of the nature of the work they perform. Among the most common types of workplace accidents include:
Most on-the-job injuries require medical treatment and possibly extended time off work to recover. Work injuries cost U.S. workers on average $42,000 per injury. That includes lost wages and medical expenses incurred for the treatment of the injuries. For workers who end up permanently disabled from a workplace accident, the costs can soar even higher.
The most common types of workplace injuries include:
Worker’s compensation claims focused mainly on the head or central nervous system, with average claims totaling $87,951 per injured person. Worker’s compensation insurance does not always cover the full cost of an injured employee’s expenses. Consulting with an attorney skilled in workplace accident law can help victims recover additional damages if qualified.
New Mexico is an “employment-at-will” state. Technically, this means an employer can fire an employee at any time for any reason (or for no reason at all) unless there is a legal employment agreement stipulating otherwise. Another limitation to the employment-at-will doctrine is in cases where an employee is terminated after getting hurt on the job and filing for worker’s compensation. Firing a worker in this situation is a violation of the federal Occupational Safety and Health Act and can land employers in hot water. Not only can the OSHA fine them for the violation, but the injured worker also can file a worker’s compensation lawsuit against them claiming unfair termination.
Firing an injured employee is one of the most obvious forms of retaliation for getting hurt on the job but it is not the only way employers can take out their frustration on employees who file for worker’s compensation. Here are some other common ways employers strike back:
If any of these things happen to injured workers they must immediately contact a workplace accident attorney who can ensure their rights are protected.
Most employers know that workplace retaliation is illegal and avoid engaging in this behavior. Others may be bold enough to admit they are dismissing an employee due to a workplace injury or worker’s compensation claim. In those instances, proving workplace retaliation is easy for an attorney. Employers who engage in the behavior in a more underhanded manner can be more difficult – but not impossible – to pursue retaliation.
Timing is important when proving reprisal from your employer. If negative consequences begin within three months of an employee filing a worker’s compensation claim for a workplace injury, the law views that as supporting evidence of likely retaliation. Another way to support your case is by reviewing your personnel file. Employees that had stellar reviews and employment records before an injury suddenly receive poor performance reviews and disciplinary action, logical inferences of retribution can be drawn.
Injured workers have rights and remedies if they suffer workplace retaliation for reporting on-the-job injuries and worker’s compensation claims. If you think you may be a victim, contacting a workplace injury attorney is your best bet at protecting your rights. The law does not take worker’s compensation retaliation lightly and neither do the compassionate attorneys at Archibeque Law Firm. Call 505-750-2363 or contact us online to schedule your complimentary case review and