Job Reinstatement

[muffy43]

muffy43 Wrote:

muffy43 Wrote:

1171 Wrote:Connecticut work comp law does not require an employer to hold or create a job or rehire a former employee but discrimination for filing a work comp claims is illegal.

"Section 31-290a of the Workers’ Compensation Act prohibits employers from discharging, or in any way discriminating against, any employee just because the employee has filed a claim for workers’ compensation benefits or otherwise exercised his or her rights under the Act.
Any employee who claims to have been so discharged or so discriminated against may either (1) bring a civil action in the superior court for the judicial district where the employer has its principal office or (2) file a complaint with the Workers’ Compensation Commission (WCC) Chairman alleging violation of section 31-290a. Upon receiving such a complaint, the WCC Chairman shall select a Workers’ Compensation Commissioner to hear the complaint in the WCC District Office having jurisdiction over the location of the employer’s principal office.
If a Commissioner finds that the employee was wrongfully discharged or discriminated against, he or she may award job reinstatement, payment of back wages, and any other employee benefits which the employee lost, as well as reasonable attorney’s fees.
To file a Discrimination Complaint under Section 31-290a, the employee should send their complaint to: John A. Mastropietro, Chairman, Workers’ Compensation Commission, 21 Oak Street, Hartford, CT 06106. The complaint must include: (1) the employee’s name and address, (2) the name and address of the employer, (3) the date of the injury or illness, and (4) the date and nature of the alleged discharge or discrimination. The WCC Chairman will see that a hearing is scheduled before a Commissioner in the appropriate workers’ compensation district office."

Sorry.....I may have messed up my response....I'm trying to learn how to navigate on this site. Thank you for above, but the real problem is how does one prove that there has been any kind of discrimination. Does an employer have to give you a reason for not rehiring you? And if they do it could be some BS.

[chrischris]

Everything in the legal system, WC included, is ALLEGED, and therefore investigated. I would suggest you confer with a lawyer who deals in WC discrimination issues. Discrimination is hard to prove and you will need legal help.

Good luck to you!