Can My Boss Cut My Hours After I File for Workers Compensation in Pennsylvania?

December 30, 2024 | Workers’ Compensation

Can My Boss Cut My Hours After I File for Workers Compensation in Pennsylvania?

If you have been injured on the job in Pennsylvania, you are likely entitled to workers’ compensation benefits. Most employers are required to provide workers’ compensation insurance coverage for their employees. However, many injured workers hesitate to file a claim because they worry about their employers firing them or taking other retribution.

It is unlawful for an employer to terminate an employee for filing a workers’ compensation claim. Employers cannot punish workers for filing claims by cutting their hours. However, your hours might be reduced after you file workers’ compensation in Pennsylvania if your injuries restrict you from working full-time.

Understanding Workers’ Compensation Benefits in Pennsylvania

If you are injured in a workplace accident, you can file a workers’ comp claim. Workers’ compensation provides several benefits, including:

  • Medical benefits: Payment of reasonable and necessary medical costs for treatment of a work-related injury.
  • Temporary disability benefits: Weekly payments of 2/3 of your average weekly wages if you cannot work because of your work injury.
  • Permanent disability benefits: Compensation for a permanent disability or impairment caused by a workplace accident.
  • Death benefits: Benefits for surviving family members if a worker dies because of a work-related injury.

Employers are not permitted to dissuade workers from filing a workers’ compensation claim. However, employers may not want workers to file claims because workers’ comp claims can increase their insurance premiums and result in safety investigations. Therefore, it is not uncommon for an employer to wrongly threaten workers with reduced hours, demotions, terminations, and other negative consequences if they file a workers’ compensation claim.

When Can My Hours Be Cut After I File a Workers’ Compensation Claim in Pennsylvania?

Your hours may be cut after you file a workers’ compensation claim. However, your employer may have a valid reason to cut your hours. Reduced hours may be warranted or required in the following situations:

Doctor-Ordered Reduction of Hours

A work-related injury may result in conditions that prevent you from working after your accident. Your doctor may put you out of work during your recovery. If you cannot work, you can qualify for temporary total disability (TTD) benefits. These benefits equal about 2/3 of your average weekly wages. Workers’ injuries may sometimes allow them to work with restrictions (i.e., light duty). For example, you can return to work, but your doctor limits you to working only four hours per day.

In that situation, your employer would reduce your hours to comply with the doctor’s restrictions. You could receive temporary partial disability (TPD) benefits. TPD benefits equal 2/3 of the difference between your average weekly wages before the accident and what you earn now.

Seasonal Or Need-Based Work Reductions

Each business is different. If your company has a history of reducing work hours during a specific season, your workers’ comp claim and the seasonal reduction of hours may be a coincidence. Likewise, some employers have a history of cutting hours when business slows down. Under these circumstances, there may be no wrongdoing on your employer’s part.

Company-Wide Layoffs and Reductions

A company may need to reduce hours or initiate layoffs for financial reasons. If the reduction in hours is company-wide or involves entire sections of the company, it may have nothing to do with your workers’ compensation claim.

Determining Whether an Employer Cut Hours to Retaliate for a Workers’ Compensation Claim

If you suspect your employer reduced your work hours in retaliation because you filed for workers’ compensation, document the actions. Things to do include:

  • Track your hours and pay by keeping copies of time cards, pay stubs, and other proof of income
  • Gather copies of your pay stubs, time cards, and other evidence of income before your work injury
  • Keep copies of all emails, text messages, letters, memos, and other communication from your employer
  • Make notes about conversations with your employer, including the date, time, and details of the conversation
  • Log changes in how your employer treats you after filing a workers’ comp claim, such as moving you to an undesirable shift, changing your job duties, etc.
  • Make copies of all performance reviews before and after the accident
  • Create a list of potential witnesses who can testify about how your employer changed your hours or treated you differently after your workplace injury
  • Create a timeline for your injury, including key dates such as your date of injury, filing a workers’ comp claim, changes in work duties, reduction in hours, etc.

Seek legal advice as soon as possible if you suspect your employer has violated your rights. The sooner you have legal advice, the better prepared you are to protect yourself from unfair and illegal treatment after a workplace injury.

Get Help With a Pennsylvania Workers’ Compensation Claim

If your employer has reduced your hours or taken other adverse action after you filed a workers’ compensation claim, we can help. Call Marzzacco Niven & Associates to schedule a free consultation with an experienced Lancaster workers’ compensation lawyer. 

If you’ve been injured in a workers’ compensation, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963