May An Employer In Pennsylvania Fire An Employee For Filing A Workers’ Comp Claim?

Pennsylvania law entitles employees to workers’ compensation for work-related injuries. If an employer has one or more employees, it is typically required to maintain mandatory workers’ compensation insurance coverage, regardless of whether employees are contract, at-will, seasonal, full- or part-time workers. Coverage for benefits begins for employees on the first day of employment.

May An Employer In Pennsylvania Fire An Employee For Filing A Workers' Comp Claim?Many employees are concerned they will lose their job if they file a claim for workers’ compensation benefits. Pennsylvania law clearly provides that an employer may not terminate an employee because they filed a workers’ compensation claim. While Pennsylvania does not have any state statute barring retaliation for filing a workers’ compensation claim, state common law recognizes an action for a retaliatory discharge.  Employees may not be demoted or have their pay reduced, or have any other retaliatory action taken because they exercised their legal rights and filed a claim for workers’ compensation benefits.

A firing or termination that results from filing a claim for compensation benefits may provide for a common law cause of action to arise for wrongful termination or retaliation. While workers’ compensation provides benefits for medical expenses and lost income during the period of a worker’s inability to work, a retaliation claim may provide more financial compensation as well as reinstatement to an employee’s former position.

Accidents happen in the workplace. Other circumstances may also arise in the workplace causing worker injury. For 111 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!

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