Employees who suffer injuries related to their job duties in Pennsylvania usually have the right to file a workers’ compensation claim to recoup the costs associated with their medical care and time spent unable to work. Nevertheless, some employers are guilty of treating an employee poorly in retaliation against the employee’s decision to pursue workers’ compensation benefits. Such retaliation by employers is considered discrimination and it’s highly unlawful.
Due to the risk of retaliation and discrimination against injured workers by their employers, the state of Pennsylvania prohibits such behavior.
What kind of retaliation is considered to be injured worker discrimination?
The law strictly prohibits employers from discriminating against, retaliating against and terminating employees who pursue workers’ compensation claims and/or employees who suffer on-the-job injuries. Hurt employees can therefore pursue their workers’ compensation claims with full confidence that they are protected from retaliation under state law.
For example, employees who have been terminated because they filed a workers’ compensation claim can pursue a civil lawsuit against their retaliating employer under the legal theory of “retaliatory discharge.” In a retaliatory discharge lawsuit, employees can seek compensation for financial damages caused by their wrongful termination.
Victims of workers’ compensation discrimination or injured worker discrimination can also pursue claims regarding more subtle forms of retaliation, such as being demoted or suffering a salary reduction due to filing a workers’ compensation claim. Finally, an injured worker may not have filed his or her workers’ compensation claim yet, and he or she could still prevail in such a lawsuit if the discrimination began after giving notice to the employer of the work-related injury.
Were you discriminated against after suffering a work injury?
Injured employee discrimination and workers’ compensation claim retaliation is unlawful in the state of Pennsylvania. Nevertheless, it happens frequently to workers who don’t even know they are protected.
Workers who have suffered from unjust injured worker discrimination are on the right side of the law. It may therefore behoove the victims of this abuse to learn more about their legal rights and strategies they can employ to pursue justice and financial restitution in court.