Harassment at Work & Filing a Claim: Should I or Shouldn’t I?

Workers' Comp in AZ | Returning to Work | Harassment Upon Returning to Work

It is completely understandable for someone to be hesitant when thinking about filing a workers' compensation claim. Many times the first thoughts in our head when we are injured at work can be: Will I lose my job? Can they fire me? Can my boss afford to pay a workers’ compensation claim? What about my upcoming retirement date (or promotion)?

You have every right to file a workers’ compensation claim after you sustain a job-related injury. If your employer refuses your claim for benefits, your employer should follow the AZ workers’ compensation rules for review. Harassing or retaliating against you is not a legal option. In fact, your employer may be held accountable for such acts under:

•        Arizona Title 23 labor laws 
•        Civil Rights Act
•        Americans with Disabilities Act (ADA)
•        Family and Medical Leave Act (FMLA)
•        Etc.

These state and federal regulations prohibit your employer from making employment decisions based upon your decision to file a workers’ compensation claim or upon your resulting disability. For example, your employer may be held liable for:

•         Firing you
•         Cutting your wages or hours
•         Re-assigning you to a less desirable shift or project
•         Passing you over for a promotion
•         Denying health insurance and other benefits
•         Tolerating harassment by your coworkers

My Coworkers Are Harassing Me!!!

Your colleagues may not have the authority to fire you, but they can make your workday miserable. Because disability harassment is unlawful, your employer may be exposed to liability for failing to stop the offending conduct.

An isolated minor incident or a one-time offhand comment is not likely to meet the threshold for harassment. However, frequent episodes or a serious event can rise to the level of harassment, as can:

•         Making cruel remarks to you about your disability
•         Cracking jokes or calling you names
•         Posting photos, drawings or other offensive depictions of your disability
•         Playing pranks based on your disability
•         Purposely interfering with your ability to perform work
•         Starting rumors that you faked your work place injury or illness

If you are the victim of workers’ compensation or disability harassment, take steps to protect yourself. Make sure you document the dates, times and details of the harassing behavior. Many times the saying “it’s not what you know, but what can you prove” (Denzel Washington as Alonso Harris in the movie Training Day) is true. Valuable evidence is crucial to prove your case in an administrative proceeding or a civil lawsuit.

Discuss your options with an attorney in good standing with the state bar, many times having an attorney at your side early in the game can make all the difference.

At Taylor & Associates, PLLC, our workers’ compensation and disability lawyers evaluate your case to determine the most appropriate course of action. We may advise you to file a complaint against your employer to the:

•         Equal Employment Opportunity Commission (EEOC)
•         Arizona Civil Rights Division (ACRD)
•         Industrial Commission of Arizona (ICA)
•         Civil court

Meet Bruce Rosenberg, Esq.

Bruce practices exclusively in the areas of Workers’ Compensation and Personal Injury. He is also a trained mediator, serving as a volunteer for the Mediation Center of Yavapai County and the Prescott Justice Court, mediating disputes of all kinds. He is a Prescott resident, serving Taylor and Associates clients across the state of Arizona. Bruce received his Bachelors degree in broadcasting from Arizona State University, before going on to receive his J.D. from the Arizona State University College of Law. Bruce is an adjunct faculty member at Yavapai College in Prescott. Bruce is a past President of the Yavapai County Bar Association and currently serves on the Board of Directors of Habitat for Humanity.

Contact Mr. Rosenberg on the web at www.InjuredWorker.com or by phone at 1-888-650-4798 for your free consultation.

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