Key Takeaways
- Retaliation Is Illegal: Oklahoma law specifically protects workers who file workers' compensation claims from being fired or punished for doing so.
- It's Not Just Firing: Demotion, pay cuts, schedule changes, harassment, and other forms of punishment also count as retaliation.
- Timing Matters: If the negative action happened shortly after you filed your claim, that timing can be strong evidence of retaliation.
You got hurt at work. You did what you were supposed to do—you reported the injury and filed a workers' compensation claim. Then suddenly, your hours got cut. Or you got written up for things that were never a problem before. Or you were told your position was being "eliminated." You know what's really going on. It's payback for filing that claim.
This happens more often than employers would like to admit. But Oklahoma law is clear: retaliating against workers for filing workers' comp claims is illegal.
What Oklahoma Law Says
Oklahoma's workers' compensation anti-retaliation law (Title 85A, Section 7) prohibits employers from discriminating against employees who:
- File a workers' compensation claim
- Hire an attorney to represent them in a workers' comp matter
- Institute or participate in any workers' comp proceeding
This protection applies from the moment you're injured and continues through the entire workers' comp process. Your employer cannot punish you for exercising your legal rights.
What Counts as Retaliation?
Retaliation isn't always a dramatic firing. Sometimes it's more subtle—but just as illegal. Examples include:
Termination is the most obvious form. "We're letting you go" shortly after you filed a claim.
Demotion can mean a lower title, less responsibility, or less prestigious work assignments.
Pay reduction means cutting your wages or reducing your hours.
Schedule changes that make it impossible to keep your job—suddenly being assigned overnight shifts when you've always worked days, for example.
Harassment and hostility from supervisors can make your work environment so miserable that you feel forced to quit.
Denial of promotions or opportunities you would otherwise have received.
Disciplinary actions for things that were never enforced before, or that are applied to you but not to coworkers.
The common thread is that you're being treated worse because you filed a claim—not for any legitimate work reason.
How to Recognize Retaliation
Employers rarely say "we're firing you because you filed workers' comp." They'll usually give some other reason—performance issues, restructuring, attendance problems, policy violations.
But the timing and circumstances often reveal the truth. Warning signs include:
Sudden timing. You'd been employed for years with no problems, then you file a claim and suddenly you're a problem employee.
Changed treatment. Before your injury, you were valued. After your claim, you're being pushed out.
Inconsistent enforcement. You're being held to standards that aren't applied to others.
Pretextual reasons. The stated reason for your termination doesn't hold up under scrutiny—the "policy" you violated wasn't really a policy, or other people violated it without consequences.
Documentation that doesn't match reality. Suddenly there's a paper trail of write-ups and complaints that seem designed to justify firing you.
What You Can Recover
If you can prove retaliation, Oklahoma law provides real remedies:
Reinstatement to your former position, if you want it.
Back pay for wages lost from the date of the retaliatory action.
Reasonable attorney fees paid by the employer.
Costs of prosecuting the claim.
The law is designed to make you whole—to put you back where you would have been if the retaliation hadn't happened.
What to Do If You Think You're Being Retaliated Against
Document everything. Keep records of any negative treatment after your claim—dates, what happened, who was involved, what was said. Save emails and text messages. Write down conversations while they're fresh.
Don't quit unless you have to. Quitting can complicate your case. If you can endure the situation, it's often better to let them fire you than to resign.
Get your personnel file. You have a right to see what your employer is documenting about you.
Talk to a lawyer. Retaliation claims have time limits, and the earlier you get advice, the better positioned you'll be. Most employment lawyers offer free consultations.
The Employer's Likely Defense
Employers almost always claim the action wasn't retaliation—it was for legitimate business reasons. They'll point to performance issues, attendance problems, or restructuring.
Your job (with help from your attorney) is to show that those reasons are pretextual—that they're not the real reason, or that they wouldn't have resulted in termination if you hadn't filed the claim.
Evidence that undermines the employer's stated reason is powerful. If they say you were fired for attendance, but others with worse attendance weren't fired, that's evidence. If they say you were fired for performance, but your performance reviews were good until you filed your claim, that's evidence.
Getting hurt at work is bad enough. Being punished for seeking the benefits you're entitled to makes it worse. Oklahoma law protects you from that punishment, and you don't have to accept it.
At Addison Law, we represent workers who've been retaliated against for exercising their rights. If you've been fired or punished after filing a workers' comp claim, contact us for a free consultation.
Think You've Been Retaliated Against?
You don't have to accept it. Let us help.
This article is for general information only and is not legal advice.
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*This article is for general information only and is not legal advice.*