If you have been involved in a workplace accident or suffered a work-related injury, you may rely on workers’ compensation to address your related losses. Unfortunately, some employers try to avoid workers’ compensation claims and retaliate against workers seeking the recovery they are entitled to. It is important to understand that the law protects you from such actions.
The experienced workers’ compensation attorneys at The Law Office of Kaitlin Files, LLC could help address employer retaliation in Bensalem workers’ compensation cases. Contact us today to schedule a consultation.
If you were injured at work and filed a workers’ compensation claim in response, both state and federal law protect you from retaliation by your employer. Although Pennsylvania is an at-will state when it comes to employment, employers cannot fire or otherwise retaliate against Bensalem employees for exercising their legal rights, including the right to file workers’ comp claims.
Retaliation against a Bensalem employee who files a workers’ compensation claim can take many different forms. While being fired may be the most obvious example, it is not the only one. Some employers take a far more nuanced approach when it comes to retaliation.
One form of retaliation involves simply limiting your hours. For example, if you were injured at work, filed a workers’ compensation claim, and have now returned to your job, reduced work hours could amount to retaliation.
If your 40-hour work week has been lowered to 30 or even fewer hours, it could be in direct response to your workers’ compensation claim. Another unethical tactic is a schedule change that your employer knows you cannot cover, such as suddenly assigning you the night shift.
The benefits your job affords you are an important part of your compensation. While these benefits may evolve, your employer should not reduce them in response to a workers’ compensation claim. Examples that may be considered retaliation include:
If your work entitlements have become decidedly less robust since you filed your workers’ compensation claim, it is time to discuss the matter with a knowledgeable workers’ comp lawyer.
While Pennsylvania employers can fire, demote, or suspend employees for any reason, this does not apply when a legal protection is in place. The law protects employees from such acts in response to filing workers’ compensation claims.
If you are fired immediately after filing a claim, demonstrating a direct cause and effect could be fairly straightforward. If, on the other hand, you are fired, demoted, or suspended after some time has passed, it may be far more challenging to prove a connection.
Regardless of how nuanced your employer’s retaliation is, it does not alter the fact that they are violating your rights and that you are entitled to legal protection. If you suspect your employer is retaliating based on your decision to file a workers’ compensation claim, contact a Bensalem lawyer as soon as possible.
Retaliation may also involve an attempt to pressure you into quitting. For example, the following situations could constitute retaliation:
If you have experienced any of the above retaliation tactics, contact a lawyer for help understanding your legal options.
At The Law Office of Kaitlin Files, LLC, our workers’ compensation attorney is well-acquainted with both the subtle and obvious signs of retaliation at work. We could combat employer retaliation in Bensalem workers’ compensation cases and advocate on your behalf. Learn more by contacting us today.
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