Worker's Compensation Retaliation
Workers’ compensation systems in Pennsylvania, New Jersey, and New York are set up such that injured workers can be provided compensation for their injuries instead of filing lawsuits against the employers. Some employees who submit workers’ compensation claims may notice that an employer has taken adverse action in response to their filing a claim.
Employers are prohibited from retaliating against employees who file workers’ compensation claims—even at-will employees who can be terminated for any reason. If an employer does retaliate against an employee who submits a workers’ compensation claim, that individual can be entitled to certain damages.
Lawyer for Worker's Compensation Retaliation in Philadelphia, PA, New Jersey and New York
Were you fired or the victim of some other kind of retaliation for filing for workers’ compensation in Pennsylvania, New Jersey, or New York? You will want to contact Console Mattiacci Law, LLC right away.
Our New Jersey and Philadelphia employment law attorneys represent clients in communities throughout Atlantic County, Ocean County, Cape May County, Montgomery County, Chester County, Delaware County, Bucks County, Camden County, Burlington County, and Gloucester County.
You can have our lawyers provide a complete evaluation of your case when you call 215-545-7676 to schedule a free, no-obligation consultation.
Overview of Worker's Compensation Retaliation in Pennsylvania
- Which kinds of acts might be considered retaliation for filing workers’ compensation claims?
- What does a person need to prove when filing an action against an employer for retaliation?
An employer may retaliate in any one of a number of ways against an employee who files for workers’ compensation. In some cases, employers may attempt to get workers to quit by making jobs more challenging or unpleasant.
Some of the most common kinds of acts involved in workers’ compensation retaliation claims include, but are not limited to:
- New department or assignment;
- Unnecessary discipline;
- Loss of benefits;
- Promotion denial;
- Unfavorable performance reviews;
- Demotion; or
Many people in Pennsylvania, New Jersey, and New York maintain at-will employment, meaning that either the employer or the employee can end the employment agreement at any time. Employers cannot, however, terminate employees for pursuing workers’ compensation claims.
In order to prove a workers' compensation retaliation claim, a plaintiff will need to prove that he or she has the right to file a workers' compensation claim, and he or she suffered some adverse employment action (such as any one of the actions listed above) that was imposed by the employer because of the workers' compensation claim. In general, actions by an employer that are more detrimental to one's employment can often be considered to be retaliation.
Fear of retaliation may lead to many injuries in workplaces nationwide going unreported. You should never hesitate to file a workers’ compensation claim when you have sustained injuries on the job, and you should retain legal counsel if you believe that your employer has retaliated against you for exercising your legal rights.
Find a Worker's Compensation Retaliation Attorney in Philadelphia, PA, New Jersey or New York
If you think that your employer has retaliated against you for filing a workers' compensation claim in Pennsylvania, New Jersey, or New York, it is in your best interest to immediately seek legal representation.
Console Mattiacci Law, LLC helps individuals in communities all over Chester County, Bucks County, Lancaster County, Delaware County, and Montgomery County in Pennsylvania as well as Atlantic County, Camden County, Burlington County, Mercer County, Monmouth County, and Ocean County in New Jersey.
Our employment lawyers in Philadelphia, New Jersey and New York can investigate the circumstances of your situation and work to hold your employer accountable for any wrongdoing. Call 215-545-7676 or submit an online contact form to have our attorneys review your case and help you understand all of your legal options during a free initial consultation.
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