Pennsylvania law entitles employees to workers’ compensation for work-related injuries. If an employer has one or more employees, it is typically required to maintain mandatory workers’ compensation insurance coverage, regardless of whether employees are contract, at-will, seasonal, full- or part-time workers. Coverage for benefits begins for employees on the first day of employment.

Many employees are concerned they will lose their job if they file a claim for workers’ compensation benefits. Pennsylvania law clearly provides that an employer may not terminate an employee because they filed a workers’ compensation claim. While Pennsylvania does not have any state statute barring retaliation for filing a workers’ compensation claim, state common law recognizes an action for a retaliatory discharge.  Employees may not be demoted or have their pay reduced, or have any other retaliatory action taken because they exercised their legal rights and filed a claim for workers’ compensation benefits.

A firing or termination that results from filing a claim for compensation benefits may provide for a common law cause of action to arise for wrongful termination or retaliation. While workers’ compensation provides benefits for medical expenses and lost income during the period of a worker’s inability to work, a retaliation claim may provide more financial compensation as well as reinstatement to an employee’s former position.