Workers Compensation Retaliation

It is unlawful for an employer in Pennsylvania or New Jersey to retaliate against an employee for seeking workers’ compensation benefits in connection with a work-related injury. Unlawful workers’ compensation retaliation often involves a reduction in the affected employee’s hours or pay, reassignment to a less desired position or location, denial of vacation or other benefits, demotion, suspension, or even termination.

Workers’ compensation retaliation claims are not limited to situations where an employee has filed a formal claim for the payment of workers’ compensation benefits as compensation for time missed due to a work-related injury.  Indeed, under Pennsylvania and New Jersey Law, an employee generally need only seek medical treatment for an on-the-job injury in order to show that he or she has attempted to “exercise his or her rights” under the state’s workers’ compensation laws.  If the employee is then subsequently retaliated against, he or she need only demonstrate that the employer was aware of his or her attempt to exercise his rights in order to establish a prima facie case of workers’ compensation retaliation.

The Murphy Law Group has substantial experience representing employees who have been retaliated against for seeking workers’ compensation benefits.  If you have recently had your hours or wages cut or have been suspended or terminated after attempting to exercise your rights to workers’ compensation, you should contact our firm to discuss your legal rights.

You can contact the Murphy Law Group today by calling 267-273-1054, by filling out our online form, or by emailing us at consult@phillyemploymentlawyer.com.

27 04, 2018

Can You Be Fired For Filing A Workers’ Compensation Claim?

By | 2018-04-27T14:03:05+00:00 April 27th, 2018|Workers Compensation Retaliation|0 Comments

What is workers’ compensation? Workers' compensation provides no-fault insurance benefits to employees who suffer injuries or illnesses as a result of job-related incidents. Under the workers’ compensation system, employees or their dependents are entitled to medical treatment as well as compensation for lost wages arising from a work-related injury, illness, or death. Workers are covered for injuries or diseases that are caused or aggravated by job-related tasks, regardless of any pre-existing physical condition - or fault. Lost wages are paid to an injured worker during any period of rehabilitation and if permanent disability results from a work-related injury. Most employers in New Jersey and Pennsylvania are mandated by law to provide workers' compensation coverage to employees. Under workers’ compensation systems, when a worker is injured on the job and files for workers’ compensation benefits, the worker is precluded from bringing a lawsuit against his or her employer for those injuries. That balance was created by law for the benefit of both employer and employee -- employees should not hesitate to assert their workers’ compensation rights. If a worker is discouraged from filing a claim or otherwise declines to do so, the employer receives all the benefit of the statutory protections [...]

24 03, 2016

New Study Shows Injured Workers Are More Likely to Be Fired

By | 2017-07-29T08:41:59+00:00 March 24th, 2016|Workers Compensation Retaliation|0 Comments

What employees need to know about workers’ compensation retaliation As if getting injured on the job weren’t bad enough, there’s new information that shows it could actually affect your job stability. Researchers at Harvard University have recently found that people who are injured on the job may be twice as likely to be fired within the following six months. All of this is despite the fact that most states have regulations in place to protect employees from retaliation after filing workers’ comp claims. The study authors note that some employers may not comply with these laws. The upshot: If you’re injured on the job, it’s critical to know your rights regarding workers’ compensation. Let’s take a closer look at the Harvard study and then discuss what workers need to know. Who is Most at Risk Researchers at Harvard’s T. H. Chan School of Public Health in Boston examined the impact of workplace injuries on employees. Their findings revealed several trends: Employees who were injured on the job were more than twice as likely to be fired within six months compared to coworkers who had not been injured Workers who suffered multiple injuries were more than twice as likely to quit [...]

7 10, 2015

Company on the Hot Seat After Firing Worker for Facebook Post

By | 2017-07-29T08:42:02+00:00 October 7th, 2015|Workers Compensation Retaliation, Workplace Discrimination|0 Comments

Woman took to social media to complain about how she was treated You feel like you’re getting the runaround from your boss, who you suspect doesn’t have a whole lot of respect for you anyway. You turn to social media to vent your frustration. A coworker tells your boss about your Facebook post, and a few days later you find yourself out of a job. The question is, was the company within its right to fire you? A recent court decision sheds some light on this question, and how the lines between behavior on social media and the workplace are becoming increasingly more blurry. Retaliated Against for Rant A woman was rated “outstanding or above average” in all categories on her employment review. However, she was terminated a little more than a week later. Her supervisor claimed that the woman was being fired because for performance problems, but the employee suspected something else was at play. Not long before she was fired, the staffer had fallen in the parking lot. She filed a workers’ comp claim for her injury. Her supervisor was upset about the claim, and she loudly complained to the employee about it. In fact, the supervisor was [...]