Pennsylvania’s Anti-Retaliation Protection for Injured Workers
Pennsylvania’s Workers’ Compensation Act does not contain a specific section addressing retaliation. Instead, the Pennsylvania Supreme Court held in Shick v. Shirey (1998) that discharging an employee for filing a workers’ compensation claim violates the public policy behind the Act, creating a separate wrongful discharge claim. If your employer retaliates, you may be entitled to damages for the harm caused, including lost wages.
What Counts as Retaliation?
Retaliation does not have to be an outright termination. Any adverse employment action taken because you filed or pursued a workers’ compensation claim qualifies:
- Termination or firing
- Demotion to a lower position or pay grade
- Reduction in hours or pay
- Denial of promotion or benefits you would otherwise have received
- Hostile work environment designed to pressure you into resigning
- Threats related to your workers’ compensation claim
- Reassignment to less desirable duties in response to your claim
How to Prove Workers’ Compensation Retaliation
The most important element in a retaliation case is timing and connection. You need to show that you filed a claim, that your employer took an adverse action, and that there is a connection between the two — typically shown through the timing of the action relative to when you filed or your employer learned of your claim.
Employers rarely admit to retaliating. They typically offer a stated reason — poor performance, restructuring, absenteeism. A retaliation claim requires investigating whether that reason is pretextual and whether the real motivation was your workers’ comp claim.
What to Document if You Suspect Retaliation
- The date you reported your injury and to whom
- The date you filed your workers’ compensation claim
- Any comments made by supervisors or management about your claim or injury
- Any changes in your treatment at work after you filed
- Any written communications (emails, texts, HR notices) referencing your injury or claim
- Performance reviews from before your injury to compare against post-injury reviews
- Names of coworkers who observed retaliation or heard retaliatory comments
Does Being Fired End My Workers’ Comp Benefits?
No. Being terminated does not end your right to workers’ compensation benefits. If you were receiving wage loss or medical benefits at the time of termination, those benefits continue as long as you remain disabled from the work injury. Your employment status does not affect your entitlement to compensation for the underlying injury.
What Should I Do If I Think My Employer Retaliated?
Contact an attorney immediately. Retaliation cases are time-sensitive — there are deadlines for filing claims and evidence disappears quickly. Do not resign in response to a hostile work environment without speaking with an attorney first, as a resignation may affect your ability to pursue a retaliation claim. Continue receiving your workers’ compensation benefits and following your treatment plan regardless of your employment status.
Pennsylvania is an at-will employment state. Employers can terminate employees for legitimate reasons even while they are on workers’ comp. What is illegal is terminating someone because they filed a claim. The distinction requires evidence — act fast and document everything.