In our last post, we began speaking about a workers’ compensation retaliation case recently filed in Putnam County. As we noted last time, West Virginia law prohibits employers from subjecting an injured worker to adverse action for exercising their workers’ compensation rights. Proving these claims is what we’ll speak about here.
Establishing and maintaining a workers’ compensation retaliation case is not necessarily an easy task. West Virginia case law says that an injured worker must establish four things: (1) that the injury was suffered while the employee was engaging in work-related activities; (2) that the employee filed a workers’ compensation claim or that workers’ compensation proceedings had begun; (3) that the employer discriminated against the worker in some way; and (4) the workers’ compensation filing was a significant factor behind the employer’s discriminatory action against the employee.