Discrimination Following a Work Injury Claim

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This content is provided for informational purposes only and is not intended as legal advice.

After a work-related injury, an employee has the right to make an industrial accident claim and receive compensation. For the most part, this is what employees do, especially if the injuries they have suffered are quite serious and require medical attention. Unfortunately, in some cases employers are not satisfied with this and they completely shift their behavior to the injured workers, and even begin to discriminate against them.

The workplace suddenly becomes a toxic environment and the employee wants to avoid this as much as possible. You may even perform worse because of the discrimination.

Of course, not all employers will discriminate against claims for accidents at work. The relationship stays the same in most situations. However, if you find yourself in an uncomfortable scenario and your boss treats you badly after the injury claim, there are a few things that are important to know that you can do.

How do employers discriminate against employees based on claims for damages?

After an injury at work, an employee has many things to deal with. They need medical help, but they also need an injury attorney to help them with the case. Additionally, there is likely to be a lot of pain as a result of the injury, making it difficult to do certain things and focus on tasks.

However, what would make this worse is that the employer begins to discriminate against the employee. If an employer discriminates against you, you will easily notice. Behavior will change and the work atmosphere will soon be filled with negativity.

Some of the most common ways employers discriminate against employees who have filed an industrial accident claim are:

  • Do not take any action to adapt the needs of the injured employee in the workplace
  • Harassment or bullying of the employee for applying for an industrial accident claim for compensation
  • The employer does not take any steps to promote the employee due to the injury or disability he is now dealing with
  • The employer treats the employee unfairly and badly because of the injury that occurred at work
  • The employer wrongly dismisses the employee after claiming an accident at work

These are just a few examples, but there can be other ways in which an employer can discriminate against an employee. If you feel that you are a victim of discrimination at work after an accident at work, you should tell your employer. If they deny it, then you should act differently.

What are the options for federal employees?

If you are a federal employee, know that it is illegal to be discriminated against because of injury or disability. Following work-related injuries, federal employers should ensure that the workplace is adjusted accordingly.

You need to make sure that the injured or disabled employee can work in good conditions. The only exception would be if these accommodations are too expensive or difficult to manufacture.

If they discriminate against the worker in any way, federal employers face the consequences and workers may even receive compensation.

What can you do if you experience work-related injuries?

If you believe it is work-related injury discrimination, you need to know what to do next.

If the employer does or says something discriminatory, the first thing to do is make sure that you are not saying anything that can easily be misinterpreted in court. Even if you are understandably angry about what is happening, you should stay calm and make sure you aren’t saying anything bad. Otherwise, this could be used against you later.

Besides that, there are a few other things you can do.

  • Talk to a lawyer – Consulting a lawyer on this matter is the most important step. You should find a good lawyer who is focused on your case and who seeks justice.
  • Gather the Evidence – You may be asked to bring as much documentation as possible about the situation. This can be evidence of the discrimination in any form, whether it is a video, photo, or something else. If an employee is a witness, use it to your advantage.
  • Find a lawsuit – Under the Fair Employment Housing Act, you can bring a lawsuit for general discrimination against an employee. If you do, it is possible that your case will be listed on the Workers Compensation Forum, which means you could get up to 50% more compensation, or even higher in some situations.

A lawsuit could have a happy ending if you can prove the discrimination. Let’s take an example. Paul was a warehouse worker in Vancouver. He was at work one day and faced several challenging tasks. In the meantime, other workers were concentrating on their own work. Someone managed to spill water on the floor and a few workers besides Paul noticed. The employer was there too, walking around giving people hints. One of the workers saw the employer notice the water on the floor, but ignored it and rushed to another location to continue his duties.

Not long after that, Paul happened to be walking on the wet, slippery floor. Knowing nothing about it, he slipped and fell and broke his arm. He mentioned the demand for workers to be compensated for the injury, after which the worker’s behavior towards him completely changed. He started bullying Paul and did nothing to make his job easier after the injury. Some employees have noticed this. Paul contacted a Vancouver personal injury attorney, gathered all necessary evidence, and took nearby staff as witnesses. He won the case and received even higher compensation for his injury because of the discrimination.

Final thoughts

If you face discrimination after being injured at work or after seeking compensation, you should take legal action. The employer has no right to discriminate against you and you can get high compensation if you can show that the employer did not treat you properly. Be sure to seek the help of a good lawyer and gather enough evidence to support the lawsuit.

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This content is sponsored by Uday Tank.


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