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Were you fired after a workers’ compensation claim?

A workplace injury has the potential to alter your life in many ways. From your health to your finances to your career goals, you never know what the future will bring. Fortunately, with the help of workers’ compensation benefits in Pennsylvania, you may be able to stabilize your finances during this difficult time.

Many people shy away from making a workers’ compensation claim because of concerns of retaliation by their employer. More specifically, they’re worried that their employer will terminate their employment.

If you’re fired after making a workers’ compensation claim, here’s what you need to do:

  • Collect evidence: The first thing you should do is collect as much evidence as possible. This can include but is not limited to employment contracts, medical records, workers’ compensation claims and witness statements.
  • Report the incident to your employer: Make sure your employer is clear as to the injury you suffered, your treatment plan and the fact that you’ve filed a claim for workers’ compensation benefits. When you eliminate the gray area, you increase the likelihood of your employer getting on the same page.
  • Watch for signs of retaliation: For example, your employer may terminate you for filing a workers’ compensation claim, while trying to hide it as a claim of poor performance.
  • Take action: The moment you’re a victim of workers’ compensation retaliation is the moment you should take action against your employer. If a conversation with the HR department doesn’t clear the air, it may be time to file a wrongful termination lawsuit.

Before taking action against your employer, have a better idea of what you’re looking to accomplish. Are you interested in receiving compensation for your termination? Are you seeking reinstatement? How about both?

Always remember that things can’t get better unless you take action. Your employer may attempt to take advantage of you during this time, but understanding and protecting your legal rights will allow you to fight back.

It’s your hope that a workplace injury doesn’t result in additional challenges, but your employer may not follow the letter of the law. When this happens, don’t give up until you receive the compensation you deserve.

FindLaw Network