How to Handle Retaliation After Filing a Workers Comp Claim in Colorado

How have you been feeling about the way your employer has been treating you since filing your workers’ comp claim?

Filing a workers’ compensation claim after suffering an injury at work is your right as an employee. Unfortunately, some employers may react negatively, retaliating against employees who file claims. Retaliation can include demotions, reduced hours, harassment, or even wrongful termination. 

In Colorado, such actions are illegal, and if you’re facing retaliation, it’s crucial to take immediate action. Here’s what you should do: 

Contact a Workers’ Compensation Attorney Immediately

The first step when dealing with retaliation is to seek legal guidance from a Colorado workers’ compensation attorney. Retaliation claims are complex, and an experienced attorney will help you understand your rights and build a strong case. They’ll advise you on the proper steps to take and how to protect yourself from further harm. 

Document the Retaliation 

Maintaining a detailed record of all retaliatory actions is crucial. If you’re experiencing harassment, demotion, or other negative behavior after filing a workers’ comp claim, document it thoroughly. 

This documentation should include: dates of each incident, clear descriptions of what happened, names of witnesses, and any written communication or performance reviews that show a shift in how you’re being treated. 

Report the Retaliation to HR 

Before escalating the issue externally, you should report the retaliation to your company’s human resources department or your supervisor. Follow your company’s internal procedures for reporting workplace issues. In many cases, companies have polices in place to deal with retaliation, and HR may be able to help resolve your issue. 

Make sure to submit your report in writing, so you have a record of your complaint. If HR fails to act or if the retaliation continues, this report will serve as further evidence in any legal action you may take. 

File a Retaliation Complaint 

If the issue isn’t resolved internally, or if the retaliation continues, you may need to take more formal action. In Colorado, you can file a retaliation complaint with the Colorado Department of Labor and Employment. They will investigate your situation and may help mediate the dispute between you and your employer. 

If necessary, your attorney can also help you pursue a lawsuit for wrongful termination or retaliation. This could lead to compensation for lost wages, emotional distress, or other damages you’ve suffered as a result of your employer’s illegal actions. 

Keep Working if Possible 

If you can, try to continue working and performing your job duties. This not only prevents your employer from claiming that you abandoned your position, but it also strengthens your retaliation claim. Showing that you continued to work under hostile conditions can further demonstrate that your employer’s actions were retaliatory.

However, if the work environment becomes unbearable, talk to your attorney about potential options for leaving. They can help you navigate this process without losing the legal protections tied to your workers’ compensation claim or your retaliation case. 

Our Glenwood Springs Workers’ Compensation Attorneys Are on Your Side! 

Retaliation after filing a workers’ comp claim is not only illegal but can also be emotionally and professionally devastating.

 By contacting a workers’ compensation attorney, documenting the retaliation, reporting it to HR, filing a formal complaint, and continuing to work if possible, you can protect your rights and be sure that justice is served. 

Don’t let fear of retaliation prevent you from pursuing the compensation you deserve! Contact our Glenwood Springs workers’ compensation attorneys today to protect your future.