Am I protected from retaliation if I file a workers’ comp claim?

Answer

In many respects, yes—you are protected. There’s a specific provision in the Rhode Island Workers’ Compensation Act called the right to reinstatement, which says that if you’re physically able to return to your job within one year of your injury, and you can demonstrate that ability, your employer is generally required to take you back—even if they previously terminated you. This applies in most cases, with a few exceptions, and it’s designed to guard against retaliation by employers who might otherwise try to get rid of injured workers before they recover.

Now, when we talk about retaliation, it’s important to distinguish between termination (i.e., being fired) and other forms of retaliation, such as discrimination, harassment, or being treated unfairly in ways not directly tied to your employment status. Those types of cases can fall under broader employment law and might require the assistance of a different kind of attorney who focuses on discrimination or civil rights cases.

That said, most employers understand they are prohibited by law from retaliating against employees simply because they were injured or filed a workers’ comp claim. And specifically, the right to reinstatement helps ensure that if you’re ready to go back to work within that one-year window, your employer must reinstate you. If they don’t, a qualified workers’ compensation lawyer can step in and help enforce that right—and protect your job along with your benefits.

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