If an employee is terminated following an industrial injury after filing a workers' compensation claim, which benefit package applies?

• A. The employee's compensation shall be increased by 1/2, up to $10,000, plus reinstatement and reimbursement for lost wages and work benefits
• B. Reinstatement
• C. a 50% increase in the employee's compensation
• D. A finding that the employer is guilty of a misdemeanor plus a 50% increase in the employee's compensation

Answer: (A)

When an employee is terminated after filing a workers’ compensation claim, retaliation is prohibited. The remedy is designed to make the employee whole and deter retaliation: the employee is entitled to reinstatement and reimbursement for lost wages and work-related benefits, plus a penalty that increases compensation by 50% up to a $10,000 cap. This combination restores the employee to their job while compensating for the harm caused by the termination, and it provides a financial deterrent for retaliatory actions. The other options fall short because they omit either the reinstatement with back wages and benefits or the capped penalty component, and a misdemeanor finding is not the required remedy in this context.