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How to Deal With a Poor Performance Review After Filing for Workers’ Comp

So, you had an accident at work, hurt yourself, and had to see a doctor. The doctor advised you to take a few days off from work. You followed the treatment plan, filed for workers’ comp and returned as soon as the doctor cleared you for light duty. Then, for the first time ever with this company, you got a poor performance review. What’s going on?

Well, it might just be a coincidence. If your supervisor’s assessments are true, you might simply want to take the criticism to heart and improve your performance. You might legitimately question why your supervisor hasn’t mentioned certain shortcomings before.  But there might be a reasonable explanation. Your supervisor may feel you’ve had enough time to ease into a position and now it’s time to show some mastery of the tasks required of you. Or, the supervisor may see a causal connection between poor work habits and your accident, and may feel the need to crack down to prevent a recurrence that leads to greater injury.

On the other hand, your employer may harbor some resentment about your filing for workers’ compensation. The employer pays for insurance, and claims like yours can drive up the company’s insurance costs. Certain employers want their employees to use their own medical insurance for workplace injuries, so they use employee evaluations and other tactics to signal that filing a workers’ comp claim is not acceptable.

If that’s what you suspect happened, you should be aware that you have rights. It is illegal for an employer to discriminate or retaliate against workers for filing workers’ comp claims. You may want to consult an attorney, especially if your company has treated other workers the same way when they filed for benefits.

Workers’ compensation is your right. If you think an employer has tried to infringe on that right, talk to a knowledgeable attorney at the Tous Law Group. Call 714-602-4473 or contact our Orange County office online to schedule a free consultation.

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