Retaliation in Worker's Compensation

John Inserra

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The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court's acceptance of a cause of action for the retaliatory demotion for the filing of a Worker's Compensation claim.

[7] Focusing on our rationale in Jackson, we conclude that
a cause of action for retaliatory demotion exists when an employer
demotes an employee for filing a workers' compensation
claim. When we recognized a retaliatory discharge claim, we
reasoned that "a rule which allows fear of retaliation for the
filing of a claim undermines [the important public policy of the
Nebraska Workers' Compensation Act]."34 And we stated that
"'the employee must be able to exercise his right in an unfettered
fashion without being subject to reprisal.'"3

Trosper extends the public policy rationale set forth in Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003).

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.