An appeals court ruled that an injured Wal-Mart employee can pursue her workers’ compensation retaliation lawsuit against the retailer.

According to court documents, Heidi M. Cox was an employee of Wal-Mart Stores Inc. when she was injured in a fall in 2007. The lawsuit claims Cox returned to work in May 2007 and Wal-Mart disciplined and fired her after she invoked her rights under Oregon’s workers’ compensation law. The appeals court ruled that Wal-Mart did not engage in the interactive accommodation process in good faith when it rejected Cox’s request for a deadline extension to return paperwork regarding her leave.

The court also found that Cox provided evidence that when she invoked her rights under Oregon’s workers’ compensation law, Wal-Mart unjustifiably disciplined her three times. Therefore, the court ruled, a reasonable jury could infer her termination was linked to her invoking her workers’ compensation rights.

If you need assistance with a workers’ comp claim, please contact the New Jersey Workers’ Compensation Attorneys of Levinson Axelrod, P.A., by calling 800-346-5529.