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Corporate / Business Law
Criminal Defense
Estate Planning / Probate
Motor Vehicle Accidents
Personal Injury
Real Estate
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Wrongful Death
 
ATTORNEYS
Scott D. Brown
John P. Lander
Kim R. Snitker
Travis M. Armbrust
Kaitlyn J. Ausborn
 
Brown, Kinsey,
Funkhouser & Lander, P.L.C.

214 North Adams,
Mason City, Iowa 50401
Phone: (641) 423-6223
Fax: (641) 423-9995
WORKERS' COMPENSATION - Frequently Asked Questions
Q.

Can I Sue My Employer Instead of Filing a Workers’ Compensation Claim?

Q.

Can I Sue If My Employer Disputes My Claim?

Q.

Can My Employer Retaliate Against Me for Seeking Workers’ Compensation Benefits?

Q.

What Are My Rehabilitation Rights?

   
"Contact an Iowa workers' compensation lawyer representing clients in Cedar Rapids, Iowa today to schedule your free initial consultation."
 
QUESTION

Can My Employer Retaliate Against Me for Seeking Workers’ Compensation Benefits?

 

ANSWER

Workers’ compensation laws are designed to provide benefits to injured employees. These laws also protect employers because workers’ compensation benefits are the only method for injured employees to recover the costs of their injuries.  Some employers, however, look down on employees who file workers compensation claims.  Some employers even blatantly discriminate against these employees.  Many states protect employees from employers who discriminate against, harass, or unjustly terminate injured employees who file workers’ compensation benefits claims.  These states allow employees to sue their employees in civil court for “retaliatory damage.”

An employee may sue for retaliatory damage if he or she has been discriminated against or terminated because he or she filed a workers compensation benefits claim.  In this kind of lawsuit, the employee must show that it was more likely than not that he or she was wrongfully terminated.  However, the employee does not have to show that the workers’ compensation claim is the only reason for the termination.  A court will usually consider if the employer’s action was based substantially or significantly on the employee’s workers’ compensation claim.

Retaliation may take other forms than discrimination.  Retaliation may also appear as a demotion or a pay cut.  Injured employees are protected from all types of discriminatory conduct immediately after an injury and even before they have filed a workers’ compensation claim.  An employee may be able to bring a retaliation lawsuit even if he or she didn’t tell his or her employer about the workers’ compensation claim.  The best way to determine if you have a valid retaliation lawsuit is to contact an experienced workers’ compensation lawyer.

 
Please review the content on this site for more detailed information that applies to state laws and individual situations. It is important to review your questions with an experienced workers’ compensation attorney to ensure you are receiving all of the rights and benefits that you are entitled.
 
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If you would like to schedule an initial consultation contact an Iowa work comp attorney, representing clients in Cedar Rapids, Iowa at the Brown, Kinsey, Funkhouser & Lander, P.L.C.. Give us a call at (641) 423-6223 or email us at bfkl@bfkllaw.com
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Mason City, Iowa Attorney practicing in Iowa primarily in Workers' Compensation & Personal Injury. Lawyers at the Brown, Kinsey, Funkhouser & Lander, P.L.C. are dedicated to serve their clients in Iowa, including the cities of Mason City, Algona, Allison, Boone, Cedar Rapids, Charles City, Clarion, Dakota City, Des Moines, Eldora, Forest City, Fort Dodge, Garner, Grundy Center, Hampton, Marshalltown, Mount Pleasant, Nevada, New Hampton, Northwood, Osage, Toledo, Vinton, Waterloo, Waverly, Webster City and West Union, and the communities that make up Cerro Gordo, Benton, Black Hawk, Boone, Bremer, Butler, Chickasaw, Fayette, Floyd, Franklin, Grundy, Hamilton, Hancock, Hardin, Howard, Humboldt, Kossuth, Linn, Marshall, Mitchell, Polk, Story, Tama, Webster, Winnebago, Worth, Wright counties.
© MMXIV Brown, Kinsey, Funkhouser & Lander, P.L.C. Email: info@bkfllaw.com Address: 214 North Adams, Mason City, Iowa 50401 Phone: (641) 423-6223
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