July 2, 2024 | Workers' compensation

Workplace accidents can occur at any time and affect any worker. When these accidents occur, they can result in significant injuries with physical, emotional and economic consequences. This is where workers’ compensation can help. Workers compensation is designed to provide injured workers with a financial cushion following a workplace injury. This system provides financial support to cover expenses such as medical bills and part of your lost wages during the recovery period.

While there are many benefits of filing a workers’ compensation claim, many workers shy away from doing so. This is largely because they fear retaliation from their employers. However, as in many states, Nebraska strictly prohibits employers from retaliating against workers who claim workers’ compensation. In this blog, we discuss why employer retaliation is prohibited and what you can do if it does happen.

Understand Your Legal Rights

If you have been injured while working in Nebraska, you have certain rights. Understanding your rights is key to avoiding being taken advantage of.

1. Injured workers have the right to file a workers’ compensation claim

Under Nebraska workers’ compensation laws, workers injured while at work or carrying out work related tasks have the right to file a claim to receive workers’ compensation benefits. These benefits typically cover medical expenses, a portion of lost wages and rehabilitation costs. The goal of these benefits is to ensure that injured workers receive appropriate care and support without the need for litigation.

2. Workers have the right to report unsafe working conditions

Nebraska employers are required by law to provide their workers with reasonably safe working conditions. They are also required to take measures to mitigate risks. These measures include the provision of adequate personal safety equipment and training. If an employer fails to provide a safe working environment, workers have the right to report these unsafe conditions.

You have the right to the above without repercussions. This means that if your employer takes negative actions such as penalizing, firing or demoting you, they are acting in violation of the law.

Examples of Retaliation

Retaliation can take many forms. It includes:

• Termination
• Demotion
• Reduction in wages
• Changes in job assignments
• Denying a promotion
• Denying benefits
• Disciplinary action such as being forced to take leave without pay
• Intimidation
• Negative performance reviews
• Hostile work environment

Legal Protections against Retaliation in Nebraska

Nebraska law protects workers from retaliation for exercising their rights under the workers’ compensation system.

• Nebraska Workers’ Compensation Act – This law explicitly prohibits employers from retaliating against employees who file a workers’ compensation claim. The law ensures that employees can seek the benefits they are entitled to without intimidation or coercion from their employer.
• Public policy – Retaliation against employees who file workers’ compensation claims is against public policy. It is considered an obstruction of justice as it prevents workers from exercising their legal rights.

Actions You Can Take when Facing Retaliation from Your Employer

If you believe you are facing retaliation from your employer for filing a workers’ compensation claim in Nebraska, you have several options for recourse:

• Document everything

It is important to have evidence to support your case when facing retaliation from your employer. You should begin to keep detailed records if you suspect that your employer is acting unlawfully. Keep records of incidents and interactions related to your workers’ compensation claim and your employment thereafter.

• Seek legal counsel

One of the best things you can do when you are facing retaliation by your employers is to seek legal counsel. Experienced workers’ compensation attorneys such as those at High and Younes, LLC can evaluate your case and explain your rights and options to you. We can help you gather evidence and build a strong case on your behalf. We will provide you with the guidance and representation you need during this difficult period.

• Report to the Nebraska Department of Labor

The Department of Labor can investigate claims of retaliation by employers. They can take appropriate action against your employer if they find evidence of retaliation.

• File a retaliation claim

An experienced workers’ compensation attorney can help you file a retaliation claim with the Nebraska Workers’ Compensation Court. The court has the authority to investigate your claim and determine if retaliation did occur.

• File a lawsuit

In many cases of retaliation, an out-of-court settlement is reached. However, there are cases that aren’t settled. If you have been terminated or have suffered other negative consequences as retaliation for filing a workers’ compensation claim, you may be able to file a civil lawsuit against your employer for wrongful termination. You may be able to recover compensation for lost wages, emotional distress and in some cases punitive damages.

Fear of employer retaliation is one of the main reasons employees fail to file for workers’ compensation benefits. However, employer retaliation is illegal and undermines the protections designed to support injured workers. Contact High & Younes, LLC to schedule free consultation with our experienced workers’ compensation lawyers and learn more about your rights and options.

Employer Retaliates on Workers Comp Claim