I am consistantly unimpressed when a judge says to me "that you can't be fired for making a workers compensation claim" as if I don't already know that.

The issue arises once in a while when an injured worker from Norwich, Connecticut who otherwise has a right to take time off from work for a surgical procedure refuses to undergo a medical surgical procedure because he fears that if he misses work he will be fired by his boss.  It is better to work through the pain, than to risk your job by taking time off even if the law gives you the right to do so.

The fact is that the judge does not understand that there is a difference between legal theory, and hard reality.  Real life happens now.  Legal theory might give you a remedy two years from now. 

The law is that the employer can't retaliate against an injured worker for filing a workers compensation claim.  But in reality it happens.  Many employers know how to get rid of people who file workers compensation claims.  And they get away with it. If a worker enforces their rights, and gets fired then what good does the law really do?  The worker has now lost his job, but has a case.  Great.  How do they pay their bills this month?  

Therefore, as lawyers advising clients we must advise clients about not only their rights, but also the practical implications from those rights.  We evaluate what is the best decision for that client at that time and advise our client accordingly.  The best decision might be to elect not to enforce all of our client's rights if they can keep their job tomorrow.

So, for that worker who elected to forgo surgery and wait one year before he went througt with the surgery when the pain got so bad that he could wait no longer---for that worker the decision to wait was very reasonable and proper because he was able to avoid the ire of his boss, and keep his job when he needed it. 

If you or anyone you know feels that they are being retaliated against for filing a workers compensation claim in Norwich, Connecticut then contact the workers compensation retaliation lawyers at The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT., 860 445 8521 or toll free at 888 717 4211.

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut