Workers injured on the job must report their injury to receive workers’ compensation benefits. A common concern among employees is that they will lose their job if they file a workers’ compensation claim. This concern arises from their reluctance to possibly upset an employer or cause some disruptive disturbance on the job. Pennsylvania employers with one or more employees are typically required to have workers’ compensation coverage regardless of whether the employees are part- or full-time workers.
Pennsylvania law clearly provides that an employer may not fire an employee because the employee filed a workers’ compensation claim. While Pennsylvania workers’ compensation statutes do not provide an explicit remedy for employer retaliation for filing a claim for benefits, the state does recognize a common law action for retaliatory discharge. Employees may not be demoted, have their pay reduced, or have any other retaliatory action taken against them for exercising their legal right to file a claim for workers’ compensation benefits.
Prompt reporting of a work-related injury is crucial to receiving any workers’ compensation benefits. An employee must report any injury or work-related illness to an employer or supervisor immediately including when and where they were injured in the course of employment.
Failure to notify an employer may result in the delay or denial of workers’ compensation benefits. Once a worker has lost a day or shift of work because of a work-related injury, an employer is required to report the injury to the Bureau of Workers’ Compensation by filing a first report of injury. An employer may choose to either accept or deny the claim.
Accidents happen in the workplace. Other circumstances may also arise in the workplace causing worker injury. For 110 years, Powell Law has litigated Pennsylvania workers compensation actions and obtained benefits for injured Pennsylvania workers. At Powell Law, we effectively assist clients throughout the entire workers’ compensation claims process. Consult an experienced Pennsylvania workers’ compensation attorney. Contact Powell Law at (570) 961-0777. The consultation is FREE!
