What if claiming workers’ comp upsets my employer?

Apr 28, 2022 | Workers' Compensation

While you have the right to claim workers’ compensation benefits if injured at work, that does not mean your employer will be happy about you doing it.

Even though the reason they pay insurance premiums is to cover an employee who gets ill or injured, some employers can react badly when you file a claim. If they think you were somehow at fault for the accident, or if they never liked you, that could further increase their hostility.

Does my claim cost my employer anything?

While increased numbers of claims or severity of claims could raise premiums, your employer needs to figure that into their business costs. Pennsylvania requires almost all employers to hold workers’ compensation, so your employer is not doing anything extraordinary by covering you. They are merely fulfilling their legal obligations.

How might an employer try to stop your claim?

Some employers may claim you only got injured because you infringed the workplace rules. Workers’ compensation is no-fault insurance, so it should not matter if you were partly to blame, although extreme cases of rule-breaking could harm your chance to claim.

Another option some employers may use to express their annoyance is to let you claim but get back at you afterward. For instance, they fire you, cut your hours, treat you differently, or overlook you for promotions, overtime or training.

Can they do this?

The law does not allow employers to retaliate against someone who exercises their right to claim. Getting legal help to process your workers’ compensation claim is the best way to safeguard yourself against any improper tactics by your employer or their insurer.

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