Know about Retaliation for a Workers’ Compensation Claim in Scotland

Employers are legally obliged to protect their employees’ health, safety, and well-being, ensuring the place of work is safe and peaceful. Employees have a right to have protection against serious injuries and other dangers at work. Accidents can happen at any time due to poor workplace safety and security arrangements. However, when employees suffer work-related injuries, they have the right to submit a workers’ compensation claim to recover their financial losses and other damages. 

You may find some companies that are not happy when they have to shell out a large sum of money to support the recovery of their staff. It happens mostly when they do not have an active hand behind their accident and injury. This leads employers to discourage employees from submitting workers’ compensation claims, which is considered retaliation against workers’ rights under Scottish law.

Accident at Work

Accidents at work may occur in the daily tasks. Nobody expects to have an accident at work and subsequently rush to an emergency room. In most cases, accidents are not so serious, but it is necessary to be prepared for such an unprecedented event. An experienced workplace accident claim solicitor in Scotland can handle this case more efficiently and according to the law.

It does not matter where the accident occurs, inside or outside the workplace. For example, if the worker is sent to carry out an activity and suffers an accident on the way, the worker is on duty. And in case of an accident, the liability is on the employer. Although the employee is out of the workplace but performing a job function for the employer.

Retaliation Against Workers’ Compensation

Retaliation occurs when employers do not want to provide the cost included in workers’ compensation benefits, resulting in wrongful acts against employees such as:

  • Termination, demotion, or suspension;
  • Harassment and/or threats;
  • Unjust or unfair treatment;
  • Reduction in wages or hours;
  • Refusal to hire or promote.

There are adverse actions. Here, we mentioned just a few of them an employer can take to depress and prevent an employee from getting their rights to make a workers’ compensation claim.

The Prohibited Reasons to Retaliate Against Compensation Claims

Under Scottish law, employers cannot fire an employee simply because they chose to make a workers’ compensation claim against them. They cannot threaten to dismiss employees for announcing their intention to submit a claim for benefits. They also cannot discourage other staff members from testifying on behalf of the injured team in a workers’ compensation proceeding.

In addition, employers can not discriminate against employees who develop a disability due to a work-related injury. They cannot take disciplinary action against employees for taking sick leave because of a work-related accident and injury.

What Happens After Retaliation?

When an employer retaliates, an employer can experience emotional damage, financial problems, and trauma. Specifically, the reason behind trauma is injuries or illness. Therefore, in addition to workers’ compensation benefits, employees are entitled to increased wages and other benefits.

You need to know about retaliation for submitting a workers’ compensation claim

All employees have the legal and protected right to make a workers’ compensation claim in Scotland. Therefore, when an employer retaliates against an employee, it is essential to have a trusted solicitor who can fight for your employment rights competently.

If you believe you are a victim of retaliation and need help submitting your claim for workers’ compensation benefits, working with reputable Wallace Legal’s lawyers can help turn the case in your favour.

Looking for an Expert Workers’ compensation Solicitor?

Dealing with legal work can be daunting. As an employee, you must know your rights and exactly how workers’ compensation can assist you. So, it is best to work with Wallace Legal, an office for accidents claim in Scotland, where you can find experienced and competent workers’ compensation solicitors. Our solicitors are committed to helping the working people of Scotland get the best legal help they deserve. After getting a free consultation, turn to our office, book an appointment with us, and submit your workers’ injury compensation claim.