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Alabama Workers Compensation Lawyers Walmart

Alabama Workers Compensation Lawyers Walmart

Alabama Workers Compensation Lawyers Walmart: We have written several blogs explaining how aggressive Wal-Mart is when it comes to their employees suffering job injuries and how-if you have suffered a serious injury-it really is in your best interest to at least consult with an experienced Alabama Workman's Compensation attorney if you work in Alabama. Below is another example of how hard Wal-Mart will fight a claim.

In this recent case, Wal-Mart filed a worker' compensation claim on behalf of one of their injured workers after their job injury. Sounds nice, right? Wrong. Wal-Mart then fires their employee and argues that technically they could not be sued for wrongful termination because, according to the law, an injured worker cannot be fired in retaliation for filing a workers' compensation claim. Wal-Mart argued that since they filed the workers compensation claim-and not the injured worker-they were free to fire the employee. Fortunately the appellate court disagreed with this argument.

In Alabama, your employer cannot fire you solely because you have reported and sought workers' compensation benefits related to a job accident.

Evidence that the termination was the result of the worker seeking compensation benefits is generally shown through circumstantial evidence, as an employer is not wont to admit that they fired the worker for seeking these benefits. The following factors are considered in considering the real reasons why an injured worker was fired: (1) knowledge of the compensation claim by those making the decision on termination, (2) expression of a negative attitude toward the employee's injured condition, (3) failure to adhere to established company policy, (4) discriminatory treatment in comparison to similarly situated employees, (5) sudden changes in an employee's work performance evaluations following a workers' compensation claim, (6) evidence that the stated reason for the discharge was false and (6) the court will look at the proximity of time between the filing of a workers' compensation claim and the discharge.

If you have questions about an Alabama Job Injury, don't hesitate to call and speak with one of the experienced Alabama Workman's Compensation Attorneys at Powell and Denny.

Powell and Denny: We Work When You Can't

Offices located in Hoover, AL and Huntsville, AL

Alabama Workers Compensation Lawyers Walmart

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