Can I Be Fired for Filing a Workers' Compensation Claim in Pennsylvania?
Were you hurt on the job in Pennsylvania? You have the right to file for no-fault workers’ compensation benefits without any fear of facing retribution from your employer. In Pennsylvania, you cannot be lawfully fired simply because you filed for workers’ compensation benefits. Here, our Chambersburg workers’ comp lawyer provides an overview of your legal right to protection against retaliation in Pennsylvania.
You Cannot Be Fired for Filing for Workers’ Compensation in Pennsylvania
You cannot be fired simply because you filed a workers’ compensation claim. Unlike some other states, Pennsylvania’s Workers’ Compensation Act does not include a dedicated “anti-retaliation” or “anti-discrimination” provision. However, the Supreme Court of Pennsylvania has ruled that retaliation is unlawful. In the 1998 case of Shick v. Shirey, the state’s highest court ruled that an employer firing an employee for filing a workers’ compensation claim violates public policy. Workers who have faced retaliation for filing for workers’ comp benefits have a common law claim.
How to Prove Retaliation (Workers’ Comp Claim)
Were you fired for filing for workers’ compensation benefits in Pennsylvania? Here are three key things that you will need to establish to bring a successful retaliation claim:
- Protected Activity (Workers’ Comp Claim): To start, you must prove that you engaged in a legally protected activity. Notably, filing a workers’ comp claim is recognized as a protected activity in Pennsylvania. What does that mean? Employees who file for workers’ comp should not suffer any type of negative repercussions simply because they exercised their rights. You cannot be lawfully punished for bringing a workers’ compensation claim.
- Adverse Action (Termination, etc): Broadly explained, an adverse action occurs when an employer imposes any form of negative consequences on an employee. Some of the most notable examples include termination, demotion, reduction in hours, and harassment. To prove retaliation, the adverse action must affect the employee’s terms or conditions of employment. Being fired is clearly and unquestionably an adverse action.
- Causal Connection: Finally, an employee must prove that there is an actual connection between their protected activity (filing for workers’ comp) and the adverse action taken against them (being fired). Employees must show that the employer acted against them because they filed a claim or otherwise exercised their right to benefits. A wide range of evidence can be used to prove causation. In many cases, timing plays an important role. If an employee is fired shortly after filing for workers’ compensation benefits, that can give rise to an inference that there is a causal relationship.
Contact Our Chambersburg, PA Workers’ Compensation Lawyer Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ compensation lawyers have the experience that you can trust. If you have any questions or concerns about workers’ comp retaliation cases, we are more than ready to help. Contact us now to set up a free, fully confidential initial consultation. With an office in Chambersburg and an office in Gettysburg, we handle workers’ comp cases across the surrounding region in Central Pennsylvania.
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