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Employer Retaliation for Work Comp-Help!
11-30-2011, 09:07 AM
Post: #1
Employer Retaliation for Work Comp-Help!
I live in and work for the state of New Mexico. I just had bilateral suurgey for carpal tunnel. I was placed on light duty which is extremely limiting in my position. I loved my office before this-chatty, friendly and mostly supportive. Now I am lucky to have anyone say 10 words to me in a day. My dean became frustrated and yelled at me for not being able to do a task, sending me home. After my last surgery I missed extra days due to an infection. She accused me of not calling in and then said she didnt need to see the phone records I offered to prove I had. The next day the lead admin told me that I needed to bring a book to read and yelled at me for disturbing the office with my "chit chat"-Others have noticed this treatment as well. I went to HR with my concerns, and after putting my dean on speakerphone, the director told me that if I didnt get a doctor to take me off work, then they would send me home without pay. the Dr did it for me, but this is crazy. Can they really do this? Help!
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11-30-2011, 12:45 PM
Post: #2
RE: Employer Retaliation for Work Comp-Help!
you can file a discrimination complaint. contact the work comp commission for help in filing:
http://www.workerscomp.state.nm.us/contact/index.php
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11-30-2011, 04:18 PM
Post: #3
RE: Employer Retaliation for Work Comp-Help!
(11-30-2011 09:07 AM)bhindgreeneyes Wrote:  Can they really do this?

Absolutely NOT. Click the link provided by 1171 and follow through.

Don't sit on your hands (so to speak) or you'll lose your rights.

If what you say is true, this is absolutely retaliatory.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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11-30-2011, 05:11 PM
Post: #4
RE: Employer Retaliation for Work Comp-Help!
(11-30-2011 12:45 PM)1171 Wrote:  you can file a discrimination complaint. contact the work comp commission for help in filing:
http://www.workerscomp.state.nm.us/contact/index.php

update:
Retaliation
If your employer fires you just because you filed a claim for workers’ compensation, that is called retaliation. The WCA can fine your employer up to $5000 (paid to the state, not to you) and require him to give you your job back if he has committed an act of retaliation.


the enforcement bureau handles retaliation claims:
http://www.workerscomp.state.nm.us/about...cement.php

check out the information in the workbooK:
http://www.workerscomp.state.nm.us/partn...rkbook.pdf
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11-30-2011, 07:15 PM
Post: #5
RE: Employer Retaliation for Work Comp-Help!
1171 correct me if I am wrong, isn't retaliation claims difficult to prove.

I remember when I took my return to work slip to my employer and my employer told me," You did not have to file a work comp claim, I have no work for you"

I asked my attorney about this and was told retaliation claims are difficult to prove.
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11-30-2011, 07:46 PM (This post was last modified: 11-30-2011 08:05 PM by 1171.)
Post: #6
RE: Employer Retaliation for Work Comp-Help!
(11-30-2011 07:15 PM)Bummer Knees Wrote:  1171 correct me if I am wrong, isn't retaliation claims difficult to prove.

I remember when I took my return to work slip to my employer and my employer told me," You did not have to file a work comp claim, I have no work for you"

I asked my attorney about this and was told retaliation claims are difficult to prove.

"difficult to prove" is a euphemism used when the atty thinks the fee for the work is too low.
it's more of a business "cost V. return" decision then about legal evidence.
it would likely be settled in any event so proof is conjecture at best.

workers comp fees are generally lower then those for other services so attys want in and out with little effort. discrimination issues "complicate" the case.
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12-01-2011, 02:21 PM
Post: #7
RE: Employer Retaliation for Work Comp-Help!
(11-30-2011 07:46 PM)1171 Wrote:  
(11-30-2011 07:15 PM)Bummer Knees Wrote:  1171 correct me if I am wrong, isn't retaliation claims difficult to prove.

I remember when I took my return to work slip to my employer and my employer told me," You did not have to file a work comp claim, I have no work for you"

I asked my attorney about this and was told retaliation claims are difficult to prove.

"difficult to prove" is a euphemism used when the atty thinks the fee for the work is too low.
it's more of a business "cost V. return" decision then about legal evidence.
it would likely be settled in any event so proof is conjecture at best.

workers comp fees are generally lower then those for other services so attys want in and out with little effort. discrimination issues "complicate" the case.

My old employer had done practically everything to me. She fired me (saying of course that I quit)..Had her lawyer send me a letter telling me if I enter the bar and restaurant where I worked that I would be prosecuted for trespassing and she also keyed my car and did 1200 dollars worth of damage. I saw a lawyer on a retaliation suit and he said it would never fly!!! On top of this she carried no workers comp on any of her employees. What a winner...I just sit back and think one day she will get what is coming to her.
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