Boston Lawyer for Employer Retaliation from Workers’ Compensation

An on-the-job injury could have a major impact on your life. If an employer intimidates or retaliates against you in order to prevent you from filing a workers’ comp claim, matters could be made even worse.

Getting seasoned legal guidance may be essential if you are concerned about employer retaliation in a Boston workers’ compensation case. A qualified Boston workers’ compensation lawyer could help you protect your rights and seek the recovery you deserve, even in the face of negative attention from your employer. Call John J. Sheehan for a free consultaiton at (617) 925-6407.

Defining Employer Retaliation in Boston

Workers’ compensation laws provide important benefits to employees in Boston who are hurt on the job. These and other protections cannot work, however, unless workers feel they can file claims without fear that their employer will fire, demote, or otherwise punish them for exercising their legal right to seek compensation.

For this reason, Massachusetts General Laws Chapter 152 §75B(2) makes it illegal for an employer to discriminate against an employee for exercising their workers’ compensation rights or cooperating in a workers’ compensation case. An employee who could prove retaliation against them may be able to seek damages and other relief through a civil lawsuit against the offending employer.

If successful in such an endeavor, you could be entitled to monetary compensation for your lost wages and attorney’s fees. You could also be reinstated into suitable employment if you were terminated or demoted. The judge may additionally order other relief as they see fit.

Proving Retaliation Over Workers’ Compensation in Boston

To prove employer retaliation in Boston workers’ compensation cases, an employee and their attorney must establish that they engaged in a protected activity, that the employer took an adverse action against them, and that a causal link exists between the first two elements.

Protected activity could include many actions related to workers’ comp, such as:

  • Filing a claim for workers’ compensation benefits
  • Reporting an on-the-job injury
  • Asking about workers’ compensation coverage
  • Serving as a witness in someone else’s claim
  • Contacting the Massachusetts Department of Industrial Accidents about workers’ compensation matters

The second element of a retaliation claim, though, is an adverse action, which requires evidence that the employer took some negative action against you. This does not always have to be something as drastic as termination, but could also include anything that might deter you from exercising your legal rights. Additional examples of adverse actions include:

  • Demotion or taking away work hours
  • Changing working conditions—for example, assigning you to an unfavorable location
  • Blacklisting, including negative references
  • Reporting to immigration authorities
  • Assault, threats, or other intimidation

Naturally, retaliation cases differ depending on their individual facts and circumstances. The experienced guidance of a seasoned attorney could prove crucial to understanding whether an employee retaliation case may be appropriate in Boston.

Let Our Boston Lawyer for Employer Retaliation Over Workers’ Compensation Help

While an injury could be traumatizing, dealing with an aggressive employer could be overwhelming. If you were injured on the job and wish to seek recovery but are concerned about employer retaliation, contacting a workers’ compensation lawyer for professional assistance could prove invaluable.

A skilled attorney could help you understand your rights and provide guidance about actions you could take to address your employer’s retaliation and seek the compensation you and your family need. For more information about employer retaliation in Boston workers’ compensation cases and how a lawyer could help, call today to schedule a consultation at (617) 925-6407.

Real Stories From
Our Clients

Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

Historias Reales de Nuestros Clientes

El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

"John Sheehan is a highly knoweldgable and all around amazing lawyer!" Si volvemos a necesitar un abogado para algo en el futuro, USTED será a quien llamemos.

I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

- Jon P. (Google) Judy y Al Crowe
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