Retaliation after filing a workers’ compensation claim is a serious issue that many injured workers in Pennsylvania face. While the law protects your right to report a workplace injury and seek medical and wage-loss benefits, some employers respond with wrongful termination, demotion, or subtle efforts to push employees out. Knowing what retaliation looks like and what legal protections are in place is essential for anyone who has been hurt on the job and fears punishment for exercising their rights.
If you believe your employer has taken action against you because you filed or reported a workers’ compensation claim, help is available. Workers in Pennsylvania can turn to the experienced team at Luxenberg Garbett Kelly & George P.C. for guidance and support. Our Western Pennsylvania workers’ compensation attorneys work diligently to protect injured employees from illegal retaliation. For a consultation, call (724) 658-8535 to speak with someone who understands your rights and how to defend them.
The Law on Workers’ Comp Retaliation in Pennsylvania
When a worker suffers an injury on the job, the physical pain is often accompanied by emotional stress and financial uncertainty. One of the most common fears, especially for those who depend on a steady income, is whether filing for workers’ compensation might lead to retaliation. The law in Pennsylvania provides a clear and powerful answer: it is illegal for an employer to retaliate against an employee for seeking the benefits they are entitled to after a workplace injury.
Filing a Claim Is a Protected Legal Right
The Pennsylvania Workers’ Compensation Act was enacted to support injured employees, not punish them. It guarantees the right to file a claim for medical expenses and lost wages without fear of losing employment or facing demotion or harassment. This right is protected by law and reinforced by both statutory provisions and legal precedent. If an employer were allowed to take punitive action against someone simply for using the workers’ comp system, it would defeat the purpose of the law entirely. That’s why courts view the act of filing a claim as a protected activity, any adverse action taken in response to it may constitute retaliation.
Western Pennsylvania Workers’ Compensation Attorneys at Luxenberg Garbett Kelly & George P.C.
At Luxenberg Garbett Kelly & George P.C., our team of dedicated attorneys brings experience and commitment to representing injured workers across Western Pennsylvania. We understand how devastating a workplace injury can be: physically, emotionally, and financially. Our attorneys have the experience and authority to protect your rights and help you recover the compensation you deserve.
Lawrence M. Kelly
Attorney Lawrence M. Kelly is a distinguished leader in workers’ compensation and personal injury law, with a career marked by remarkable credentials and leadership:
- Board-Certified Civil Trial Specialist: Certified by the National Board of Trial Advocacy, a distinction held by only about 2,000 attorneys nationwide.
- Leadership Roles: Former President of the Western Pennsylvania Trial Lawyers Association and current President of the Pennsylvania Association for Justice (2024).
- Disciplinary Board Service: Appointed to the Disciplinary Board of the Supreme Court of Pennsylvania from 2013 to 2018.
- Award-Winning Reputation: Named among Pennsylvania Super Lawyers from 2006 through 2024 and ranked among the Top 50: Pittsburgh Super Lawyers from 2019 to 2024.
- National Recognition: Honored as one of the Top 100 Trial Lawyers in the U.S. by the American Trial Lawyers Association (2024) and listed among the Top 10 Personal Injury Attorneys in Pennsylvania by Attorney and Practice Magazine.
Joseph A. George
Attorney Joseph A. George brings extensive experience and unwavering dedication to helping injured workers and their families:
- Professional Affiliations: Member of the Pennsylvania Bar Association, Pennsylvania Trial Lawyers Association, and American Association for Justice.
- Practice Focus: Concentrates on workers’ compensation, personal injury, medical malpractice, and motor vehicle accident cases.
- Peer Recognition: Selected to Pennsylvania Super Lawyers from 2018 through 2024.
- Top Rating: Holds an AV Preeminent rating from Martindale-Hubbell, the highest rating for legal ability and ethical standards.
The “At-Will Employment” Rule
Employment in Pennsylvania is generally governed by the doctrine of at-will employment, a principle that gives employers broad discretion in making staffing decisions. Under this rule, an employer may terminate an employee at any time, for any reason, good, bad, or seemingly no reason at all, so long as the reason does not violate the law. This means that unless there is a specific employment contract that states otherwise, workers in Pennsylvania can be let go without prior notice or explanation.
The Public Policy Exception: Protecting Fundamental Rights
The public policy exception exists to prevent employers from undermining societal values or laws that promote fairness, health, and safety. Courts in Pennsylvania have recognized that certain rights, such as the right to file a workers’ compensation claim after a job-related injury, are too important to be overridden by an employer’s desire to terminate at will.
The Pennsylvania Supreme Court has made it clear that the Workers’ Compensation Act reflects a strong and unmistakable public policy: protecting injured workers and providing them with a path to compensation and medical care. Because of this, retaliation against an employee for filing a claim is not just inappropriate—it is illegal.
Drawing the Line Between Legal and Illegal Termination
An employer may still terminate an employee for valid, non-retaliatory reasons. For example, a legitimate business closure, a reduction in workforce, or documented performance issues unrelated to the injury can justify a termination. But the key issue is why the termination occurred. If the firing happens because the employee sought workers’ comp benefits, then the at-will doctrine no longer applies as a defense.
Employers cannot use at-will language to disguise what is, in reality, a retaliatory discharge. Courts look beyond the surface of an employer’s decision and examine the context. Was the employee’s performance documented before the injury? Did the termination closely follow a claim filing? Are there inconsistencies in how the employer treated similar employees who did not file claims? These factors matter.
Pennsylvania’s Anti-Retaliation Statute (Title 43 § 933.10)
In Pennsylvania, the law does more than just prohibit employer retaliation through general public policy; it directly codifies that protection in Title 43 P.S. § 933.10. This statute stands as a powerful safeguard for workers who speak up about employer misconduct or who assert their rights under the Workers’ Compensation Act. It applies not only to those who file claims but also to those who report workplace violations or advocate for safe and lawful conditions.
Section (a): General Rule Against Retaliation
Section (a) makes it unlawful for an employer or its officers or agents to discriminate or take adverse action against a person for exercising rights protected under the act. These rights are broad and explicitly include:
- Filing a workers’ compensation claim
- Making a complaint about the employer’s noncompliance
- Informing others of their rights under the law
This provision is important because it does not limit retaliation to job termination. Demotions, pay cuts, threats, denial of advancement, or any unfavorable employment change may qualify as unlawful retaliation if they occur in response to protected activity.
Section (b): Protection for Good Faith Allegations
Section (b) expands protections even further by covering workers who raise concerns in good faith, even if those concerns are later found to be unsubstantiated. In other words:
- If a worker reasonably believes their employer is violating the law and reports it,
- They are still protected under the statute,
- Even if an investigation later determines the employer did not break the law.
This section recognizes that employees should not be punished simply because they didn’t “win” their claim. What matters is the sincerity and legitimacy of the concern at the time it was raised, not whether it was ultimately upheld.
This provision protects whistleblowers and promotes a culture of transparency and compliance. It ensures that employees can report potential violations without fear of retribution, even if those violations turn out to be unfounded.
Section (c): The 90-Day Rebuttable Presumption
Section (c) provides employees with a significant evidentiary advantage. It states that if an employer takes adverse action within 90 days of a worker exercising a protected right, the law will presume the action was retaliatory unless the employer can prove otherwise.
This is known as a rebuttable presumption. It:
- Shifts the burden of proof to the employer,
- Requires the employer to present credible, legitimate reasons for the action,
- Strengthens the employee’s ability to pursue a retaliation claim, even without direct evidence of motive.
This timeline-based protection is vital because retaliation often happens subtly and quickly after a claim is filed. Turning that timing into a legal presumption, the statute gives workers a real foothold in what might otherwise be a difficult legal battle.
What Does Retaliation Look Like? Recognizing the Warning Signs
Retaliation after filing a workers’ compensation claim is not always dramatic or immediate. In many cases, it unfolds gradually, masked as everyday management decisions or subtle changes in working conditions. For injured employees focused on recovery, these shifts can be easy to overlook or rationalize. Recognizing what retaliation looks like, both obvious and hidden, is the first step to asserting and protecting legal rights.
Obvious Retaliation: Wrongful Termination, Demotion, and Pay Cuts
Some acts of retaliation are direct and unmistakable. These typically have a clear impact on an employee’s job title, compensation, or employment status, and often follow shortly after a workers’ compensation filing or report.
- Wrongful Termination: One of the most common and clear-cut forms of retaliation. When an employee is fired shortly after filing a claim or reporting an injury, timing alone can raise legal concerns.
- Demotion: Moving an employee to a lower-ranking position with reduced responsibility, often with no prior warning or legitimate reason, is a classic punitive tactic.
- Pay Decrease: Retaliation may come in the form of a reduced salary or hourly wage, even without changing the employee’s position. This financial penalty is both tangible and illegal when tied to protected activity.
- Suspension: Employers may suspend an employee under the guise of conducting an internal “investigation.” In some cases, this is a strategic move to sideline the employee until grounds for termination are fabricated.
These actions are easier to identify because they are documentable and leave a paper trail. However, not all retaliation is so transparent.
Subtle Retaliation: The Hidden Ways Employers Punish Workers
In many cases, retaliation is masked in routine administrative decisions or changes to workplace culture. These actions can slowly erode an employee’s confidence and position, making them feel isolated or undervalued. Importantly, these forms of retaliation are just as unlawful, even when they are harder to prove.
- Schedule and Hour Changes: One tactic is to cut the employee’s hours to a level that is financially unsustainable or to assign them to inconvenient shifts they cannot realistically work. These scheduling decisions are often used to push employees toward quitting voluntarily.
- Denial of Benefits: Retaliation can take the form of stripping the employee of access to health insurance, paid time off, retirement contributions, or other benefits previously available.
Increased Scrutiny and Harassment: Following a claim, a previously well-regarded employee may suddenly face micromanagement, baseless performance write-ups, or unannounced monitoring. These tactics are often intended to intimidate or build a case for future termination. - Position Change or Relocation: A reassignment to an undesirable or physically demanding role, or relocating the employee to a far-off job site, can serve as a pressure tactic to force resignation.
- Blacklisting and Bad References: Some employers go a step further by damaging the employee’s chances of securing new work, providing false or unfairly negative references to prospective employers.
- Constructive Discharge: When multiple forms of subtle retaliation combine to make the workplace intolerable, the law may view a resulting resignation as a constructive discharge, essentially treating the employee as though they were unlawfully terminated.
For injured workers, often already vulnerable, this can be emotionally draining and legally confusing. But these patterns have been seen before, and the law recognizes them for what they are. If any of these warning signs appear after reporting a work injury or filing for benefits, it’s important to document everything and seek guidance from an experienced workers’ compensation attorney in Pennsylvania.
| Type of Retaliation | Description |
|---|---|
| Schedule and Hour Changes | Reduction in hours or assignment to inconvenient shifts to pressure the employee to quit voluntarily. |
| Denial of Benefits | Loss of access to health insurance, PTO, or other benefits that were previously available. |
| Increased Scrutiny and Harassment | Micromanagement, excessive monitoring, or unfair disciplinary action aimed at intimidation or building a case for termination. |
| Position Change or Relocation | Reassignment to an undesirable role or distant job site as a form of punishment or pressure. |
| Blacklisting and Bad References | Damaging future job prospects through false or unfairly negative references to other employers. |
| Constructive Discharge | Combined retaliatory actions create an intolerable work environment, legally treated as unlawful termination. |
Enforcement Guidance on Retaliation and Related Issues
If you’ve been mistreated at work after reporting a job-related injury or filing for workers’ compensation, you may have a legal claim for retaliation. In Pennsylvania, proving this kind of claim involves showing three key elements. These elements create what’s called a prima facie case, which shifts the burden to your employer to explain their actions. These elements can help you determine whether your rights were violated and what steps to take next.
Protected Activity
The first step is showing that you engaged in a protected activity. This includes more than just submitting a workers’ compensation claim. You are protected from the moment you report a workplace injury to a supervisor, request medical attention for that injury, or cooperate in another worker’s compensation case. Even if your claim hasn’t been filed yet, or if you’re still waiting on benefits, the law protects your right to report and respond to work-related injuries without fear of punishment.
Adverse Employment Action
Next, you need to show that your employer took an adverse action against you. As mentioned, this might be something obvious, like being fired or demoted, but it can also be more subtle. Your hours could have been cut, your pay reduced, or your benefits taken away. In some cases, employers can begin micromanaging, issuing sudden write-ups, or creating a hostile work environment. If conditions became so difficult that you felt you had no choice but to quit, that may also count as retaliation under the law.
Causal Link
The final step is proving that the negative treatment you experienced was caused by your protected activity. This can often be the hardest part to prove directly, but timing matters. If your employer took action shortly after you reported your injury or filed a claim, that timing may suggest retaliation. Changes in behavior, unfair treatment, or a sudden drop in performance evaluations after your claim can all help show the connection. Pennsylvania law also provides a legal advantage: if the employer takes action against you within 90 days of your protected activity, it is presumed to be retaliation unless they can prove otherwise.
What Happens to My Workers’ Comp Benefits if I’m Fired?
One of the most pressing concerns after being fired while on workers’ compensation is whether the benefits will continue. In Pennsylvania, if an employee is already receiving wage loss and medical benefits at the time of termination, those benefits should continue by law. Being fired does not automatically end the employer’s responsibility to cover medical treatment or wage loss resulting from the work-related injury.
Still, termination often complicates the situation. Employers and their insurance companies may view the firing as an opportunity to challenge ongoing payments. A common tactic is to file a petition with a workers’ compensation judge, arguing that the employee was fired “for cause” such as misconduct, insubordination, or policy violations. If successful, they can claim that any lost wages are no longer connected to the work injury but instead stem from the employee’s behavior.
This type of dispute creates a separate legal issue apart from any wrongful termination or retaliation claim. It becomes a question of whether the work injury continues to limit the employee’s earning capacity or whether the termination justifies ending benefits. The judge will consider medical evidence, work restrictions, and the circumstances surrounding the firing to determine whether benefits should continue.
Workers’ Comp Claim vs. Retaliation Lawsuit: Understanding the Two Different Legal Tracks
After a workplace injury, it’s common to feel overwhelmed—not just by the physical recovery, but by the complexity of the legal process. One major point of confusion for many injured workers is the difference between a workers’ compensation claim and a retaliation lawsuit. These are two separate legal actions, each with its own purpose, process, and outcome.
The Workers’ Compensation Claim
The workers’ compensation claim is focused entirely on the injury itself. It is an administrative process handled by the Pennsylvania Department of Labor & Industry, through the Bureau of Workers’ Compensation and the Workers’ Compensation Office of Adjudication (WCOA). This process determines whether you are entitled to benefits like medical coverage, wage-loss compensation, and ongoing care.
The dispute in a workers’ comp claim is usually between you and the employer’s insurance company, not the employer directly. The goal here is to make sure your medical expenses are paid and you receive financial support while you recover from your injury. This track does not deal with any issues related to how you were treated by your employer after filing the claim.
The Retaliation or Wrongful Discharge Lawsuit
A retaliation claim is something entirely different. This is a civil lawsuit filed directly against your employer, usually in the Court of Common Pleas in the county where you worked. The purpose of this lawsuit is to hold your employer accountable for the illegal act of punishing you—such as firing, demoting, or harassing you—for exercising your legal rights under the workers’ compensation law.
While the workers’ comp system is designed to cover your injury-related expenses, the retaliation lawsuit is about recovering compensation for the harm caused by the employer’s behavior. That may include lost wages, emotional distress, reputational damage, or even punitive damages meant to punish the employer for serious misconduct.
What Can You Recover? A Look at Potential Damages in a Retaliation Lawsuit
When an employee wins a retaliation lawsuit in Pennsylvania, the law provides for compensation intended to correct the harm caused by the employer’s illegal actions. The types of damages that may be available vary depending on the facts of the case, but several categories are commonly awarded.
- Lost Wages and Benefits (Back Pay): Back pay covers the wages, salary, and employment benefits you lost from the date of your wrongful termination up to the date of settlement or court judgment. This includes not only your regular earnings, but also the value of health insurance, retirement contributions, bonuses, and any other benefits you would have received if you had not been retaliated against.
- Front Pay: If going back to your old job is not realistic, whether due to a strained relationship with the employer or a dissolved position, the court may award front pay. This is compensation for future wages and benefits you are expected to lose because you were unlawfully removed from your position.
- Compensatory Damages: Retaliation often causes more than just financial harm. Emotional distress, anxiety, humiliation, and damage to your professional reputation can all result from being unjustly punished after a work injury. Compensatory damages provide monetary relief for these non-economic harms. Courts recognize that job loss due to retaliation can deeply affect an employee’s personal and professional life.
- Punitive Damages: In cases where the employer’s actions were especially malicious, reckless, or intentional, the court may award punitive damages. These are not tied to your personal losses, instead, they are designed to punish the employer and send a message that such conduct is unacceptable. While not awarded in every case, punitive damages can significantly increase the total recovery when the employer’s behavior is particularly egregious.
- Attorney’s Fees and Legal Costs: Litigating a retaliation case can be costly, but the law often allows the employee to recover reasonable attorney’s fees and court costs if the case is successful. This provision helps balance the power between employers and workers by making it financially feasible for employees to assert their rights and hold employers accountable.
Together, these forms of compensation reflect how seriously the law treats workplace retaliation. While each case is unique, understanding the potential damages can help injured workers make informed decisions when considering whether to pursue legal action.
Protecting Your Rights with Luxenberg Garbett Kelly & George P.C.
Facing retaliation after a workplace injury can leave you feeling vulnerable, frustrated, and unsure of what steps to take next. However, Pennsylvania law is clear: you have the right to report a work injury and receive benefits without fear of punishment. If your employer has violated that right, legal action may be necessary to restore your financial stability and hold them accountable.
At Luxenberg Garbett Kelly & George P.C., we’ve helped workers across Western Pennsylvania take action when their employers crossed the line. If you think you’ve been targeted after reporting a work injury, we’re ready to listen and help you move forward. Contact us today at (724) 658-8535 to talk with someone who understands what you’re going through and knows how to protect your rights.
