If you report a workplace injury, especially from a fall, you might worry it will work against you. As a slip and fall lawyer might note, an employer’s response to a reported fall can sometimes cross into retaliation, raising serious legal concerns for the injured employee.
How Retaliation Might Look
After reporting a slip and fall injury at work, some employees may find themselves facing unexpected changes in how they’re treated. Retaliation can appear in subtle or obvious ways. For example, an employee who previously received positive feedback might suddenly receive negative performance reviews without clear justification. Others may be demoted or have their hours reduced in a way that affects both status and income. Employers might also issue disciplinary write-ups that seem unfounded or exaggerated, which can damage a worker’s personnel record. In some cases, individuals are excluded from important meetings, training sessions, or collaborative projects, actions that can hinder professional development and signal marginalization. In the most severe cases, retaliation may result in abrupt termination, often shortly after the injury report. These responses can have a chilling effect on workplace safety reporting. Because federal and state laws protect employees from such conduct, any action taken in response to reporting may constitute a legal violation.
Building A Strong Case
To protect your rights, an employment lawyer suggests taking these steps:
- Document the initial incident, date, time, conditions, and witnesses.
- Report in writing, by submitting a written version of the fall report to HR or supervisor, and keep a copy.
- Track changes, keep a log of any adverse actions (reviews, job changes, schedule shifts), and when they occurred.
- Preserve evidence like emails, memos, and internal messages that hint at motive or retaliation.
- Seek legal counsel promptly, as you may have a limited time to bring a claim.
As our friends at Hickey & Turim, S.C. know, retaliation can derail a client’s recovery, but properly documented facts and timely legal steps can help hold an employer accountable.
Challenges In Retaliation Claims
- Causal connection: You must show the retaliatory act was a result of your report, not for independent reasons.
- Burden shifting: Once you make a prima facie case, the employer must provide a legitimate nonretaliatory reason for their actions.
- Evidence gaps: If the employer’s records are incomplete or altered, proving intent can be hard.
- Statutory time limits: Many protective statutes impose short deadlines to file a claim.
Still, when retaliation is evident, combining the injury claim with a separate retaliation claim may strengthen your overall position.
What You Can Do Next
If you have faced negative consequences after reporting a fall, start by asking your lawyer to analyze the fall incident and possible retaliation actions. Providing documentation of these actions, as well as company policy, is crucial in this initial phase. Next, consult your copy of your employee handbook with your lawyer. In particular, look for policies regarding the reporting of hazards in the work environment. Finally, with all that information in mind, discuss with your lawyer if there are any protections at the state or federal level that apply to your industry or the jurisdiction in which you plan to argue your case.
Don’t hesitate to act early, as delaying action may limit your options. Talk to a lawyer in your area today.