Philadelphia + Delaware County Attorneys for Forced Resignations as a Result of Workers’ Compensation Claims
When an employee suffers an injury on the job, they are often entitled to Workers’ Compensation benefits. These benefits can provide a portion of the injured employee’s salary, as well as reimbursement for their medical costs. Although an insurer may choose to challenge a request for Workers’ Compensation benefits, some employers have been caught attempting to alleviate the need for a claim through illegal manners. When an employer attempts to convince the employee to terminate employment, also known as forced resignation, to avoid paying Workers’ Compensation benefits, they are breaking the law.
Compensation for a Forced Resignation
Workers’ Compensation requires employers to refrain from firing their employees based upon the existence of a Workers’ Compensation claim. In an effort to evade this responsibility, employers may make work conditions for an injured employee so unpleasant that they feel compelled to seek employment elsewhere. Although the employee may ultimately resign from their position, this can be considered constructive discharge or constructive termination and is treated under the law as though the employee was fired.
Employees who are unable to work or must work a modified schedule while recovering from an injury sustained in the workplace should stay closely attuned to the treatment they receive from managers and supervisors. According to our Delaware County Workers’ Compensation lawyers, any behavior which hints at retaliation for the filing of a Workers’ Compensation claim should be documented. Moreover, upon returning to work, employees must be treated fairly. Any efforts by employers to retaliate against an employee who has received benefits including the creation of a hostile work environment or a decision to unfairly increase their workload could lead to legal action.
Our Philadelphia + Delaware County Workers’ Compensation Lawyers Can Help
When an employee is forced to resign their position after seeking Workers’ Compensation benefits, the injury they suffer is two-fold. Not only must they recover from a physical injury, but they also must secure new employment. If you’ve been forced to resign, contact our workers’ compensation attorneys for help. Call (484) 679-5239 or go online to schedule your free consultation.