Workers’ Compensation Lawyer Penn Hills

If you’ve been injured on the job in Penn Hills, navigating the complexities of workers’ compensation claims can be overwhelming. At Porta Clark & Ward, we understand the challenges you’re facing and are dedicated to securing the compensation you deserve. Our workers’ compensation lawyer is here to guide you through every step of the process, ensuring your rights are protected. Whether you’re dealing with medical bills, lost wages, or disability claims, we offer a free consultation to discuss your case. Call us today at (412) 912-2381 to get started on the path to justice.

What to Do if You Face Retaliation After Filing a Workers’ Compensation Claim in Penn Hills

When you file a workers’ compensation claim in Penn Hills, you’re taking the important step of protecting your rights and securing the compensation you need after a workplace injury. Unfortunately, some employees face retaliation from their employers as a result of their claim. Retaliation can take many forms—ranging from a change in job duties to outright termination—and it can leave you feeling vulnerable and unsure of how to move forward.

Retaliation for filing a workers’ compensation claim is illegal in Pennsylvania, and employers who engage in such behavior can face serious legal consequences. However, the process of addressing retaliation can be complicated, and knowing how to protect yourself is critical.

Recognizing Retaliation After a Workers’ Compensation Claim

Before taking any action, it’s important to understand what retaliation looks like. Retaliation can occur when an employer punishes or discriminates against an employee for asserting their right to file a workers’ compensation claim. The most obvious forms of retaliation are job termination, demotion, or disciplinary action following the filing of a claim. However, retaliation can also show up in less overt ways, such as:

Changing job responsibilities in a way that negatively impacts your career growth
Reducing your hours or cutting your pay without a legitimate reason
Excluding you from important meetings or projects, isolating you from your team
Verbal abuse or harassment related to your injury or workers’ compensation claim
Unfounded negative performance reviews after the filing of the claim

If you experience any of these actions after filing a claim, you may be facing retaliation. It’s crucial to understand that your employer is prohibited from punishing you for exercising your right to file a workers’ compensation claim in Pennsylvania.

Document Everything

If you suspect retaliation, your first step should be to document everything. Keep a detailed record of any incidents or actions that seem retaliatory. This includes:

The dates and times of any retaliatory actions
The nature of the action (e.g., change in job duties, reduction in hours, harassment)
Any communications with your employer or coworkers regarding the issue
Copies of any emails, letters, or memos related to the situation

Documentation is key in building a case against retaliation. A detailed record can serve as evidence if you need to take legal action against your employer. It’s also a good idea to maintain a timeline of your injury, your workers’ compensation claim, and any retaliatory events that followed. This will help establish a clear link between your claim and the retaliatory actions.

Talk to Your Employer

Before jumping to conclusions, it’s worth considering whether there’s been a misunderstanding. Sometimes, changes in your job or duties may have an innocent explanation. If you’re comfortable doing so, consider talking to your employer or HR department about your concerns. Approach the conversation calmly and professionally, and express how you feel that the actions taken against you may be in response to your workers’ compensation claim.

For example, you could say something like, “I’ve noticed that my hours have been reduced since I filed my workers’ compensation claim, and I’m wondering if there’s a reason for this change.” Sometimes, simply addressing the situation directly can lead to clarification. If your employer responds defensively or refuses to engage with your concerns, it may be a sign that retaliation is occurring.

Seek Legal Guidance

If you believe that retaliation is taking place, it’s time to seek legal advice. A workers’ compensation lawyer in Penn Hills can help you assess the situation and determine whether your employer’s actions are illegal. At Porta Clark & Ward, we specialize in workers’ compensation claims and understand the nuances of retaliation cases. We can help you understand your rights, gather evidence, and explore your legal options.

It’s important to note that retaliation claims are separate from your original workers’ compensation claim. Filing a retaliation claim may involve different legal processes and timelines, so consulting a lawyer who is experienced in this area can save you time and effort.

File a Retaliation Complaint with the Pennsylvania Department of Labor and Industry

In Pennsylvania, it’s illegal for employers to retaliate against workers who file workers’ compensation claims. If you believe you’ve been retaliated against, you can file a complaint with the Pennsylvania Department of Labor and Industry. The department has a process in place for investigating retaliation claims.

The process involves submitting a written complaint to the Bureau of Workers’ Compensation. Your lawyer can help you with this process to ensure that your complaint is detailed and accurate. The bureau will then investigate your claim, and if retaliation is found, the employer may be required to reinstate your previous position, pay back wages, and face penalties.

In addition to the state-level process, you may have the option to file a retaliation claim under federal law if you work for a large enough company. The Occupational Safety and Health Administration (OSHA) handles retaliation complaints under federal law, and an attorney can help you navigate this route if necessary.

Take Steps to Protect Your Career

While pursuing a retaliation claim, it’s also important to focus on protecting your career. A retaliatory act such as a demotion or loss of hours may affect your income or future job opportunities. If you’re struggling with this, your workers’ compensation lawyer can help you explore additional avenues to ensure you’re financially secure while your case is being handled.

For example, you may be entitled to unemployment benefits, temporary disability benefits, or other forms of financial assistance. Your lawyer can also guide you through any workplace adjustments or legal protections that can help ease your transition during this challenging time.

Understand the Consequences for Employers

It’s important to remember that employers who engage in retaliation for filing a workers’ compensation claim are breaking the law. Pennsylvania law protects workers from this type of discrimination, and employers who retaliate can face serious legal and financial consequences. Retaliation claims can result in:

Reinstatement of employment (if terminated or demoted)
Payment of lost wages and benefits
Legal penalties and fines for the employer
Potential damage to the employer’s reputation

Having an attorney on your side ensures that you hold your employer accountable and that your case is handled efficiently.

Your Workers’ Compensation Advocate in Penn Hills: Porta Clark & Ward

At Porta Clark & Ward, we believe that no worker should have to face the challenges of a workplace injury alone. Our dedicated workers’ compensation lawyer is here to provide you with expert legal support, ensuring that your claim is handled with the utmost care and attention. Whether you’re dealing with a minor injury or something more serious, we’re committed to helping you secure the benefits you deserve. Contact us today for a free consultation at (412) 912-2381, and let us fight for your rights every step of the way.