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.