You report a workplace injury, receive workers’ compensation benefits and return to work, only to find that your employer’s treatment of you has suddenly changed. Maybe you face new criticism, disciplinary action or other workplace consequences that did not occur before you sought benefits.
Here are some types of evidence that may matter if you suspect your employer is retaliating because you exercised your workers’ compensation rights.
Workers’ compensation and medical records
Your records can establish when you reported your injury, sought benefits and received medical care or work restrictions. Keep copies of:
- Your injury report
- Claim paperwork
- Benefit notices
- Medical restrictions
These documents can also show whether criticism about your work conflicts with documented restrictions or accommodations.
Employer communications and disciplinary records
These can show whether negative treatment began after you sought workers’ compensation benefits. Save:
- Written warnings
- Performance reviews
- Termination notices
- Emails and texts that discuss your work or conduct
Pay attention to new criticism or discipline that your employer did not raise before your claim. An employer may have a legitimate reason to address actual negligence or poor performance, but unsupported accusations that appear only after you seek benefits may warrant closer examination.
Changes in workplace treatment
A significant change in how your employer treats you after you seek workers’ compensation benefits can provide important evidence. Compare your treatment before and after you filed the claim or began receiving benefits, including:
- Your assignments
- Your hours
- Your supervision
- Your disciplinary history
The change in treatment matters most when the employer cannot point to a legitimate reason unrelated to your workers’ compensation claim.
Evidence that connects the events
The timing, change in treatment and reasons your employer gives for its actions can help connect the events. A claim followed by sudden negative treatment does not automatically prove retaliation. However, evidence showing that the employer’s conduct changed after you sought or received benefits, particularly without a reasonable explanation, can support a retaliation claim.
Understand what the evidence means for your claim
Knowing what evidence to look for can help you distinguish a legitimate workplace dispute from treatment that may violate your rights. Reviewing your records with an attorney can help you evaluate whether your employer’s actions appear connected to your workers’ compensation claim and determine what options may be available under West Virginia law.