When can a person file a suit against their employer after being retaliated against for filing a worker’s compensation claim?

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When can a person file a suit against their employer after being retaliated against for filing a worker’s compensation claim?

I have been demoted, threatened, lied about, harassed and mistreated in their attempts to make me quit. After last week’s anxiety attack I called out of work and have not returned due to fear of further harassment. The NC Dept. of Labor insists that they have done nothing wrong but surly they have crossed the line. Can I get help?

Asked on May 25, 2011 under Employment Labor Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yes, of course you can file suit and it appears that you may have a few different basis for it in tort.  I am surprised about your claim with the Department of Labor and if you have really exhausted the avenues available to you through the various state agencies in North Carolina then I think that it may be time for you to consult with an employment attorney in your area. Before you go try and make a list of specific instances and give details as to what happened.  Try to include the time and date that they occurred and indicate if any witnesses were present. As for the resulting physical trauma (the anxiety attack) speak with the employment attorney briefly and see if he or she can refer to to a personal injury attorney.  Good luck to you.



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