Discrimination

An employer may not fire or otherwise discriminate against an employee or applicant who has claimed or attempted to claim workers' compensation. An employee who has testified or is about to testify in a workers' compensation proceeding is also protected. Violators of the law are subject to a penalty of $100 to $500. A worker who believes that he/she has been discriminated against must file a complaint within two years. To file a complaint of discrimination, an employee should file a Form DC-120 with the nearest Workers' Compensation Board District Office.

If the Board finds that an employee was improperly discharged, the Board will order that the employee be restored to their previous position or privilege. The employee will also be paid by the employer for any loss of compensation arising out of the discrimination.

Americans With Disabilities Act

The Americans with Disabilities Act of 1990 prohibits discrimination against people with disabilities in employment, and ensures them equal access to government services, public accommodations, transportation, and telecommunications. This law can help injured employees who want to return to work. Additional information explaining the Federal Americans with Disabilities Act is available at the nearest Workers' Compensation Board District Office or by calling 1-800-522-4369.