Thousands of people each year are injured at work. When you get hurt at work you may be suffering quite a bit of pain and anguish. You could also incur a great deal of medical expenses. It is necessary to file a workers’ compensation claim to ensure that you receive adequate compensation for your medical expenses and lost wages.
It is every worker’s right to file a claim if he or she is injured at work or during working hours. Some employees fear that if they file a claim, they will suffer negative consequences by their employer. The law protects workers who file claims from retaliation by their employers. If you were the victim of retaliation after filing a workers’ comp claim you have legal rights. Seek immediate guidance from a qualified Pennsylvania employment lawyer.
What is Retaliation?
Employees are entitled to file a workers’ comp claim if they were injured at work. The employee should file a report with the company’s human resources department or a manager. Retaliation consists of a number of different acts that could be the result of filing a workers’ comp claim. Some of the most common types of retaliation include firing an employee without justification, threatening an employee, giving a negative employee review, denying a promotion, and increasing surveillance on an employee.
In Pennsylvania, the law allows employers to fire employees for any reason as long as the reason is legal. If an employer fires an employee after filing a workers’ comp claim, it might be considered retaliation. The courts have decided cases in the worker’s favor when the retaliatory act occurs soon after the claim is filed and when the employee establishes that there was a link between the claim and the action.
Get the Justice You Deserve
If you filed a workers’ compensation claim, you should not have to worry about your employer doing the wrong thing. Yet retaliation due to filing a workers’ comp claim happens more often than you may think. Employers may feel justified in firing an employee who is costing them money due to an injury that occurred at work. However, they are not allowed to take actions against you simply because you filed a claim.
When you have been injured at work, you are already dealing with a physical injury that could cause you to be out of work for an extended period of time. In some cases, you may not ever be able to return to your original position. In the meantime, you need the benefits that workers’ comp provides so that you and your family can pay the bills. Instead, your employer may unjustly terminate you or might take other retaliatory actions against you.
If you have been retaliated against in the workplace after filing a workers’ comp claim, you have rights. Contact our experienced legal team at HKM Employment Attorneys, LLP to discuss the details of your case and get the guidance and help you need to resolve your situation and get justice.
Call 412-368-5754, schedule a call, or fill out this form and we will get back to you ASAP.