Injured on the Job? What to Do If Your Employer Retaliates

If you’ve suffered a job-related injury, you are most likely entitled to workers’ compensation benefits. In Pennsylvania, nearly all employers are required to provide workers’ compensation coverage, and employees are entitled to coverage from their first day of work. While there are limited exceptions, in the vast majority of circumstances, employees in Pennsylvania are entitled to benefits when they get injured on the job.

When you are entitled to workers’ compensation benefits, you have the right to file a claim without fear of retaliation. Not only does Pennsylvania law allow eligible workers to file for benefits, but it also prohibits employers from trying to prevent their employees from claiming (or recovering) the benefits they deserve.

Understanding When You Are a Victim of Workers’ Compensation Retaliation

Unfortunately, despite this, workers’ compensation retaliation remains common. If you believe that you are a victim of retaliation, you can (and should) take action. In this context, retaliation can take many different forms, including (but not limited to):

• Terminating your employment
• Suspending your employment
• Reassigning you to an undesirable position
• Reassigning you to an undesirable job location
• Reducing your hours or wages

Oftentimes, employers will claim that these types of adverse employment actions are based on legitimate business interests or needs. In reality, however, this is nothing more than a pretext for engaging in unlawful retaliation. As a result, even if your employer claims that it is downsizing or that you are being disciplined for misconduct or poor performance, you should not assume that your employer’s actions are lawful.

What to Do If You Suspect You Are a Victim of Retaliation at Work

If you are a victim of workers’ compensation retaliation, it is important that you hold your employer accountable. To do so, you should:

• Gather Your Records Related to Your Workers’ Compensation Claim – You should gather all of the records you have that are related to your workers’ compensation claim. This includes any records related to your workers’ compensation benefits or the denial of your claim.
• Gather Your Records Related to Your Adverse Employment Action – You should also gather any records you have that are related to your termination, suspension, wage reduction or other adverse employment action.
• Take Detailed Notes – You should write down as many details as you can recall about your on-the-job injury, your workers’ compensation claim and your adverse employment action. This includes the details of any discussions you’ve had with your manager or supervisor.
• Be Careful to Avoid Mistakes – Even when you are a victim of retaliation, you need to be careful to avoid mistakes that could jeopardize your physical and financial recovery. Our attorneys can walk you through what you need to know.
• Talk to a Philadelphia Employment Attorney – Protecting your legal rights in this scenario requires experienced legal representation. With this in mind, you will want to speak with a Philadelphia employment attorney as soon as possible.

Talk to a Philadelphia Employment Attorney About Your Workers’ Compensation Retaliation Claim

Did your employer retaliate against you after you filed for workers’ compensation? If so, we can help, but it is important that you contact us promptly. Call 267-273-1054 or get in touch online to schedule a free and confidential consultation with a Philadelphia employment attorney at Murphy Law Group today.