It can be devastating when you have been hurt in a workplace accident, and your employer fires you. The state of Pennsylvania is one of the few places that protect employees from retaliation against workers who are hurt on the job and those who report a work-related injury. However, there is still a process that must take place before filing an action for Workers Compensation retaliation. You need to understand the steps to protect your rights and ensure that you have the best chance of winning your case. here’s what you need to do:
1. Seek Legal Counsel
It is vital to seek legal counsel as soon as possible after being hurt at work and fired. An employer is less likely to retaliate against you if they know you have legal representation. Even though Pennsylvania is a “right to work” state, you still have rights, and an attorney can help protect them. An experienced attorney will advise you on your rights and help you file the workers’ compensation claim paperwork. They will also be able to represent you in court if necessary.
2. File the Incident Report
Another critical step is to file an incident report with the Occupational Safety and Health Administration (OSHA). OSHA keeps track of workplace accidents and injuries, so it is crucial to have them on record. This will also create a paper trail if you need to take legal action later. It would help if you kept a journal of everything that has happened since the accident. It should include conversations with your employer about the accident and your firing. All of this information can be helpful if you decide to pursue legal action.
3. File a Complaint with OSHA and Wait for Their Response
If you have been fired for reporting a work-related injury or being injured in an accident, you can file a complaint with OSHA. This will document the retaliation that has taken place and could help your case later on. OSHA has up to 210 days to investigate your complaint, so it is essential to be patient and let them do their job. However, it would help if you also stayed in contact with your lawyer during this time to keep you updated on the progress of the case. If you have any questions or concerns, be sure to communicate them to your lawyer. They will be able to help you navigate through the legal process and ensure that your rights are protected.
4. File a Worker’s Compensation Claim
If you have been fired for filing a Worker’s Compensation claim, you can file a retaliation claim with the Pennsylvania Bureau of Workers’ Compensation. This will help protect your right to benefits and ensure that you are not penalized for seeking medical attention. The bureau will investigate your case and determine if you are eligible for benefits. These benefits include medical expenses, income replacement, and death benefits.
5. Seek Help from a Union
Workers’ unions can also assist if you have been hurt at work and fired. Partnerships can help you file a complaint with OSHA, file a Worker’s Compensation claim, and represent you in court. They can also provide legal representation and advice. So, if you are a union member, you can seek help from your union representative. The best thing about unions is that they are constantly fighting for the rights of their members, so you can be assured that they will do everything in their power to help you win your case.
6. Collect Evidence
You will need to collect evidence to support your allegations to win your case. This includes the incident report, journal, and any other documents that can prove that you were fired for being injured at work. You may also want to consider collecting statements from witnesses who can attest to the retaliation that has taken place. If possible, try to get video or photographic evidence of the accident or injury. All of this information can help strengthen your case and ensure that you receive the compensation you deserve.
If you have been hurt at work and then fired, it is essential to know your rights. Pennsylvania protects employees from retaliation against those injured or who report a work-related injury. If you have been fired for any reason related to your injury, you should seek legal counsel as soon as possible. An experienced lawyer can help you understand your rights and guide you through the process of taking legal action. They will also be able to represent you in court if necessary. If you have any questions or concerns, be sure to communicate them to your lawyer. They will be able to help you navigate through the legal process and ensure that your rights are protected.