No, filing a claim should not affect your job. The Pennsylvania Workers’ Compensation Act protects you if you suffer a work-related injury or illness, including chronic pain conditions. You have the right to receive medical benefits for necessary treatment, as well as wage-loss benefits if you can’t work due to your condition.
Your employer also cannot legally retaliate against you for filing a claim. This means they cannot fire you, demote you, reduce your hours or take any other negative action against you simply because you filed a claim. If your employer does retaliate, you have the right to file a complaint and seek legal remedies.
You have certain protections and rights
If you return to work while you’re still recovering or after filing a claim, you have certain rights and protections. This includes the right to:
- Light duty work that matches your current abilities: This role, if available, could involve less physically demanding tasks or different responsibilities. However, take note that the Act does not legally require employers to create light-duty positions if none are available.
- Return to your original job: Your employer must reinstate your role if it’s available and you can perform its essential functions. Typically, these rights last for about 18 months after your injury, but this can vary based on your situation.
Both Pennsylvania state law and federal laws, like the Americans with Disabilities Act, also protect you from discrimination if your chronic pain condition qualifies as a disability. If you return to work with chronic pain, your employer may need to provide special equipment to help you perform your job. This could include ergonomic chairs, standing desks or specialized tools to reduce physical strain.
What can you do to protect your rights?
Before filing a workers’ compensation claim, make sure to:
- Report your injury or chronic pain condition to your employer immediately
- Keep detailed records of your medical treatments and symptoms
- Document any changes in your work duties, hours or treatment by your employer after your injury
Consider consulting a workers’ compensation attorney if you encounter any problems with your claim or treatment at work. They can advise you on your rights and next steps.
Your health and your rights matter
If you are facing difficulties with your workers’ compensation claim, consider consulting an attorney. They can help you receive the benefits and support you deserve.