BOSTON LAWYER FOR EMPLOYER RETALIATION FROM WORKERS COMPENSATION
Facing Retaliation After a Workers’ Compensation Claim? We Can Help.
Filing a workers’ compensation claim shouldn’t put your job—or your career—at risk. Unfortunately, some employers retaliate against injured workers for asserting their legal rights. This kind of unfair treatment can take many forms, including wrongful termination, demotions, pay cuts, workplace harassment, or a hostile work environment.
If you’re experiencing retaliation after filing a workers’ compensation claim in Boston or anywhere in Massachusetts, Markey Law Partners is here to help. Our firm is dedicated to protecting the rights of injured workers and ensuring that employers who violate the law are held accountable. Massachusetts law strictly prohibits employer retaliation in these cases, and we’ll fight to protect your rights, your job, and your financial future.
Employer Retaliation in Workers’ Compensation Cases
Retaliation happens when an employer punishes or discriminates against an employee for engaging in legally protected activities—like filing a workers’ compensation claim. In Massachusetts, Mass. Gen. Laws Chapter 152, Section 75B explicitly makes it illegal for an employer to fire, demote, or otherwise mistreat an employee in response to a workers’ compensation claim.
Common Forms of Retaliation
Retaliation isn’t always obvious. Sometimes, employers take clear actions, such as firing an employee, but in other cases, the retaliation is more subtle. Common signs of retaliation include:
✅ Wrongful Termination – Being fired shortly after filing a claim.
✅ Demotions or Pay Cuts – Suddenly being reassigned to a lower position or receiving a pay reduction.
✅ Unjustified Disciplinary Action – Negative performance reviews or warnings with no valid basis.
✅ Workplace Harassment or Isolation – Being given undesirable shifts, excluded from meetings, or subjected to hostile treatment.
✅ Unreasonable Job Scrutiny – Suddenly being micromanaged or disciplined for minor infractions that were previously ignored.
✅ Unfair Job Reassignments – Being moved to more difficult or less desirable tasks outside your normal role.
If you’re noticing these changes in your workplace, your employer may be trying to pressure you into quitting—or punishing you for exercising your legal rights.
How to Recognize Employer Retaliation
Retaliation isn’t always immediate or obvious. Employers sometimes make gradual changes to avoid making it seem like they’re targeting you. Here are some red flags to watch for:
🔹 A sudden shift in how your employer or managers treat you.
🔹 Increased negative performance reviews that seem unfair or unwarranted.
🔹 A change in your job duties, shifts, or work schedule without a clear reason.
🔹 Pressure to return to work before your doctor clears you.
🔹 Being left out of meetings, work events, or opportunities you previously had.
🔹 Your employer fabricates reasons to discipline or fire you.
Even if your employer never explicitly states that their actions are retaliatory, patterns like these can serve as crucial evidence in proving your case.
Steps to Take if You Suspect Retaliation
If you believe your employer is retaliating against you, take action immediately. The sooner you document the behavior and seek legal advice, the stronger your case will be.
📌 Keep a detailed record – Write down every incident, including dates, times, and details of what happened.
📌 Save written communication – Preserve emails, text messages, memos, or any other evidence related to job changes, performance reviews, or disciplinary actions.
📌 Get witness statements – If coworkers have witnessed unfair treatment, their testimony could be valuable.
📌 Ask for explanations in writing – If your employer makes a negative job-related decision, request written reasoning for their actions.
Proving retaliation requires strong evidence, and our attorneys at Markey Law Partners will help build a solid case to hold your employer accountable.
Your Legal Rights Under Massachusetts Law
Massachusetts law protects workers from retaliation under Mass. Gen. Laws Chapter 152, Section 75B. This law makes it illegal for employers to:
🔹 Fire, demote, or harass employees for filing workers’ compensation claims.
🔹 Pressure employees to return to work before they are medically ready.
🔹 Create a hostile work environment to force an employee to quit.
You may also have protections under federal laws, such as:
✅ The Occupational Safety and Health Act (OSHA) – Protects workers from unsafe conditions and retaliation.
✅ The Americans with Disabilities Act (ADA) – Protects workers with disabilities or medical conditions, including injuries that require job accommodations.
If you have been wrongfully fired or mistreated, you have the right to file a lawsuit and seek compensation for:
🔹 Lost wages (including back pay and benefits).
🔹 Reinstatement to your previous position if you were fired.
🔹 Emotional distress damages for undue stress and anxiety.
🔹 Punitive damages in cases of extreme employer misconduct.
Retaliation is illegal, and we are here to fight for you.
Your Legal Rights Under Massachusetts Law
If you believe you’re facing retaliation, take these critical steps to protect yourself:
- Document Everything – Keep track of workplace changes, emails, and disciplinary actions.
- Report It to HR (If Safe to Do So) – Filing an internal complaint can strengthen your case.
- File a Complaint with the MCAD or EEOC – If your employer doesn’t resolve the issue, you can file a formal complaint with the Massachusetts Commission Against Discrimination (MCAD) or the Equal Employment Opportunity Commission (EEOC).
- Speak with our Experienced Retaliation Attorney – Legal guidance can help you build a strong case and fight back against your employer.
At Markey Law Partners, we have extensive experience handling workers’ compensation retaliation cases, and we are prepared to take legal action to defend your rights.
Why Choose Markey Law Partners?
When it comes to workplace retaliation, you need aggressive legal representation that won’t back down. At Markey Law Partners, we offer:
✅ Deep Experience in Workers’ Compensation and Employment Law – We specialize in workplace retaliation claims.
✅ Tough, No-Nonsense Representation – We don’t let employers get away with illegal behavior.
✅ No Upfront Costs – We work on a contingency fee basis, meaning you don’t pay unless we win your case.
✅ A Personalized Approach – Every case is different, and we tailor our legal strategy to fit your situation.
If you’re dealing with retaliation, you don’t have to fight alone.
Get a Free Consultation Today
Retaliation is illegal, and you have the right to take action. If you’ve been mistreated after filing a workers’ compensation claim, let us help you fight for justice.
📞 Call Markey Law Partners today at 877-488-2667 for a free consultation.
Or fill out our online contact form to speak with an experienced Boston workers’ compensation retaliation attorney.
🏛 Markey Law Partners – Protecting Workers’ Rights Across Massachusetts
Practice Areas
- BOSTON LAWYER FOR FILING AFTER A WORKERS COMPENSATION DENIAL
- Boston Lawyer For Disability in Workers Compensation Cases
- Boston Lawyer for Employer Retaliation From Workers Compensation
- Boston Lawyer for Worker Comp Claims from Burns
- Boston Pre Existing Conditions and Workers Compensation
- Boston Workers Compensation Lawyer for a Brain Injury
- Boston workers compensation lawyer for head injuries
- Dont Sign Massachusetts 105 Workers Compensation Form
- Temporary Total Disability Section 34 Benefits
- Partial Disability Section 35 Benefits
- Permanent and Total Disability Section 34A Benefits
- Medical Expenses Under Massachusetts Workers Compensation
- Surviving Spouse Benefits
- Permanenet Loss of Function Benefits
- Scarring and Disfigurement Benefits
- Section 28 Double Compensation Employers Misconduct
- Union Workers Compensation RIghts Prevailing Wage
