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When a Work-Related Injury Leads To Discrimination

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Suffering an injury at work can be a difficult thing to go through.

Besides pain, there are many issues you may be forced to deal with: Going to multiple medical appointments; Getting time off from work to go to medical appointments; Trying to do your job despite physical pain or limitations; Making modifications to your work station; Seeking assistance with your workers' compensation claim.

Another issue injured employees may have to deal with is discrimination or retaliation by their employers - based on an injury that occurred on the job.

When an employer discriminates against an injured employee

Although it's unfair and illegal, discrimination against injured or disabled employees occurs in workplaces of all sizes. Some examples may include:

  • Bullying or harassing an employee because of a work-related injury or disability
  • Failure to accommodate the needs of an injured or disabled employee
  • Failure to promote an employee because of an injury or disability
  • Wrongful termination based on a work-related injury or disability
  • Otherwise treating an employee unfairly because of an injury that occurred on the job

There are many types of behavior that may be considered harassment or discrimination. Don't ignore warning signs: If you suspect you are experiencing either, it is advisable to talk to an employment law attorney about what is happening.

Federal employees have options

Discrimination, harassment and retaliation against an employee on the basis of injury or disability is illegal. Federal employers are required to make reasonable accommodations to employees with disabilities, except when the accommodation is significantly difficult or expensive.

Federal employers can be held responsible when they discriminate against an employee. Federal employee victims have legal rights and may be eligible for compensation.

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