Getting hurt at work is stressful enough. But what happens when your employer treats you as the problem?
A lawsuit just filed by Jim Garrity tells a story that, unfortunately, is far too common. A warehouse worker suffered a serious back injury on the job when a heavy box gave way during a routine lift. He reported it immediately and sought workers’ compensation benefits. But things quickly went sideways, such as when the boss asked how long he intended to “milk” the injury and “pretend to be hurt.”
Instead of receiving prompt medical attention, he was told to keep working. And when he was finally seen by a doctor and placed on medical restrictions, his employer cut his pay by more than 24 percent.
Then came the pressure. A supervisor allegedly demanded he tell medical providers nothing was wrong so he could return to full duty faster. A manager mocked him, questioning how long he planned to “pretend to be hurt.” He reported this conduct to human resources, but got no meaningful response.
And things escalated. He was forced into unpaid leave and then investigated for so-called “time theft” based on nothing more than being observed sitting while performing light-duty work. The investigation dragged on, costing him wages, even though it could have been resolved in a day. Comparable scrutiny was not applied to similarly situated coworkers outside his racial group.
As time passed, the retaliation intensified. He was denied the opportunity to work a holiday shift at premium pay. He was harassed about not working days he was actually scheduled to be off. And ultimately, he was called into an office, told he could no longer participate in the light-duty program, and told his employment was over. No termination letter. Just a verbal dismissal and an escort off the premises.
The lawsuit alleges race discrimination, disability discrimination, retaliation for reporting unlawful practices, and retaliation for filing a workers’ compensation claim. The combination of claims paints a picture of an employer determined to push out a worker just because he suffered an on-the-job injury and spoke out about how he was treated.
Employers Can’t Punish Workers for Seeking Comp Benefits
The law protects employees who are injured on the job from being punished for seeking the workers’ compensation benefits they’re entitled to. Federal and state civil rights laws prohibit employers from treating workers differently because of race or disability. And retaliation against someone who reports discrimination is itself unlawful.
If you’ve been injured at work and suddenly find yourself facing pay cuts, bogus investigations, or a suspicious termination, those are patterns worth looking into. Call us at 800-663-7999 for a confidential consultation. We’ll make it right for you.
Categories: Disability Accommodations, Retaliation, Worker's Compensation Benefits, workers compensation insurance, wrongful termination
Jim Garrity, Esq. - Employee Rights Lawyer 
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