Damages for Workers' Compensation Retaliation

Workers that are demoted or discharged in retaliation for filing a workers' compensation claim can file a claim against their employer.  Generally employment situations are at-will, meaning that the employer or employee can end the relationship at any time for any reason.  However, Nebraska courts have ruled that demotion or termination in retaliation for a workers' compensation claim violates public policy and is an exception to the at-will employment rule.  To learn more about this exception to the at-will employment rule you can read our firm's blog post here.

When you file a case for wrongful termination or demotion you will be claiming damages.  Most likely this would be a claim for lost wages due to demotion or termination if you are not able to find a job that pays as well, or it takes awhile to find a job.  The case Trosper v. Bag 'N Save, 734 N.W.2d 704, 273 Neb. 855 (Neb. 2007) stands for the proposition that employees can get damages for retaliatory discharge and/or being demoted or given a position that pays less.  Nebraska courts have held that plaintiff's can claim damages for mental suffering are recoverable in a retaliatory discharge action brought by a former at-will employee alleging that the discharge violated a clear mandate of public policy.  Wendeln v. The Beatrice Manor, Inc., 712 N.W.2d 226, 271 Neb. 373 (Neb. 2006).

If you have any questions about whether you have been subject to retaliation due a workers' compensation claim, contact Madathil Law Office for a free consultation.

Madathil Law Office, LLC

Nebraska Employment Attorney

1625 Farnam Street #830

Omaha, NE 68102

angela@madathil-law.com

http://www.madathil-law.com/

T: 402.577.0686

F: 402.932.9551