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What are your rights if a workers comp claim has created a hostile work environment? |
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Your exact rights and remedies will vary from state to state. If you have a claim pending with the worker's comp board, you should ask your attorney if you can add an action for penalies related to the hostile environment. If California, for example, it is illegal to terminate an employee for filing a worker's comp claim and the employer can be ordered to pay penalties and back wages.
You can also consider a psych claim. If you experience a psychological injury that makes it impossible for you to work in that environment, you may be able to show that your injury makes it impossible to work in that environment - and perhaps even work at all. Emotional injuries that do not involve corresponding physical injuries must meet a higher level of scrutiny, but they can be done, if the injury is severe enough.
First answer by Chslaw. Last edit by Atty jrh. Contributor trust: 8 [recommend contributor]. Question popularity: 95 [recommend question]
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