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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.



IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption