Can I Be Fired for Filing a Workers' Compensation Claim in Pennsylvania?
Following a job-related accident in Pennsylvania, you can file for workers’ compensation benefits for any injury, illness, or other medical ailment. What happens if your employer does not want you to file for workers’ comp or take time off to recover? Can you be fired for filing for workers’ compensation? In Pennsylvania, the answer is a clear “no”—you are protected against retaliation. Here, our Delaware County workers’ compensation lawyers explain what you should know about the workers’ comp retaliation laws in Pennsylvania.
What to Know About Pennsylvania Workers’ Comp Retaliation Laws
It is your right in Pennsylvania to file for workers’ compensation benefits after a job-related injury or illness. Beyond ensuring medical treatment and wage-loss benefits, the Commonwealth’s workers’ compensation laws protect workers from employer retaliation when they exercise their right to file a claim. Here are key points to know about these claims:
- Filing a Claim is a Right: Every Pennsylvania employee injured on the job or who develops a work-related illness has the legal right to file a workers’ comp claim without fear of negative consequences from their employer.
- Retaliation Takes Many Forms: Retaliation is adverse action based on a protected activity. It includes being fired. It also includes other negative actions, such as demotions, wage reductions, negative performance reviews, or harassment.
- The Burden of Proof: Although the law protects you from retaliation, you should be prepared to show that any negative employment action directly followed your workers’ comp claim. Causation is a key element in these claims.
Three Steps to Take if You Suspect You are Being Punished for Filing for Workers’ Comp
Do you suspect that you were subject to unlawful retaliation on the grounds that you filed for workers’ compensation benefits? Here are three steps that you should take:
- Document It: Documentation is key. You should gather any written communication or proof that indicates you are being treated unfairly, such as negative performance reviews or unjust disciplinary actions. Keep a detailed record of dates, people involved, and any specific issues that can be used to prove retaliation.
- Notify Your Employer: You should not hesitate to notify your employer that your rights have been violated. Report the suspected retaliation to your supervisor, HR department, or another appropriate representative in writing. Doing so helps to establish a formal record.
- Consult With a Lawyer: You do not have to take on a workers’ comp retaliation claim alone. These are notoriously complicated cases. A top-tier Delaware County workers’ comp lawyer can help you take action to get justice and compensation.
Contact Our Delaware County Workers’ Comp Attorney Today
At Schmidt, Kirifides, Rassias, & Rio, our Delaware County workers’ compensation attorneys have the experience that you can rely on. If you have any questions or concerns about a workers’ comp retaliation claim, we are here as a resource. Contact us today for a free, no-strings-attached initial consultation. We represent workers in Delaware County and communities beyond.
Categories
Car Accidents Compensación laboral Español Firm News Personal Injury Uncategorized Workers Compensation Workers' CompensationRecent Posts
Attorney Anna Rio Promoted to Partner! Can I Be Fired for Filing a Workers' Compensation Claim in Pennsylvania? Can I Receive Workers' Compensation Benefits if the Injury Was My Fault? What Benefits are Available If I Cannot Go Back to the Work I Did Before Because of My Injury? What Benefits am I Entitled to Under Pennsylvania Workers' Compensation?RSS Feed
Subscribe To This Blog’s Feed