Will Pregnancy Affect My Workers’ Compensation Claim?
May 16, 2019
Generally, Pennsylvania workers who are injured on the job are entitled to workers’ compensation under the Pennsylvania Workers’ Compensation Act. They may receive payment for medical expenses associated with the workplace injury, wage loss replacement, vocational rehabilitation assistance, and other forms of compensation. These payments typically continue until a worker has reached maximum medical improvement.
However, how does pregnancy affect workers’ compensation claims? The Philadelphia workers’ compensation lawyers at Larry Pitt & Associates, P.C. are available to answer this and other questions regarding pregnant workers’ rights.
Pregnant Workers’ Rights
Federal law prohibits employers in any state from discriminating against a worker on the basis of pregnancy. Workers are protected from pregnancy-based discrimination and harassment under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). While employers are not required to keep workers in positions that they are unable to perform, they cannot remove pregnant workers from their jobs solely on the basis of:
- Being pregnant
- Having been pregnant
- Planning to become pregnant
- Having a pregnancy-related medical condition
Workers must be given reasonable accommodations to assist them in performing their job duties, such as modified work schedules, equipment, or methods. Additionally, pregnant workers are protected under the Family and Medical Leave Act (FMLA), which states that certain employees may take up to 12 weeks off work for health and caregiving reasons such as pregnancy, pregnancy disability, or adoption of a child.
How Does Pregnancy Affect My Workers’ Compensation Claim?
Workers’ compensation claims may not be denied, nor may workers’ compensation benefits be reduced or limited because a worker is pregnant. Both the PDA and the ADA prohibit employers from denying pregnant workers either temporary or permanent disability benefits for work injuries.
In addition to the federal laws, Pennsylvania workers are also protected by the Pennsylvania Human Relations Act, which prohibits employment discrimination on the basis of sex. Philadelphia workers are also protected by the City of Philadelphia Fair Practices Ordinances, which provides that employers must provide reasonable workplace accommodations for employees with needs related to pregnancy, childbirth, or other related medical conditions.
Pregnant workers who need accommodation should inform their supervisors of their request as soon as possible. They may be asked to provide a letter from their health care provider supporting the need for accommodation but may not be charged for the accommodation – employers are responsible for helping injured workers perform their jobs safely. Those who have been denied benefits because of their pregnancy or pregnancy-related medical condition should contact a qualified attorney in their area to discuss their legal options.
Trust Larry Pitt & Associates, P.C. When You Need a Workers’ Comp Lawyer in Philadelphia
If you have questions about your rights while you are pregnant, contact an experienced workers’ comp lawyer in Philadelphia at Larry Pitt & Associates, P.C. Your employer is not allowed to discriminate against you for being pregnant and your workers’ compensation payments should not be reduced or terminated because you are pregnant. Our skilled attorneys can explain your legal options and help you get the benefits to which you are entitled. Contact us online to arrange a free consultation or call us at 888-PITT-LAW today.
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