Latest news with #injuredworkers
Globe and Mail
16-07-2025
- Business
- Globe and Mail
Western Pennsylvania Workers' Compensation Attorneys at Luxenberg Garbett Kelly & George P.C. Address Retaliation for Workplace Injury Claims
Retaliation against injured workers who file for benefits remains a persistent and unlawful problem in Pennsylvania workplaces. The Western Pennsylvania workers' compensation attorneys at Luxenberg Garbett Kelly & George P.C. ( are calling attention to this critical issue and encouraging injured employees to understand and assert their legal rights when faced with wrongful treatment. For many injured workers, seeking compensation is not just a financial necessity—it's a legally protected right. However, some employers respond with demotion, job reassignment, or even termination, sparking concern and confusion among employees already struggling with injury. The Western Pennsylvania workers' compensation attorneys at Luxenberg Garbett Kelly & George P.C. are committed to helping workers understand that the law is on their side, and retaliation for filing a claim is prohibited. Pennsylvania law provides clear protections for employees who report job-related injuries or file workers' compensation claims. The Western Pennsylvania workers' compensation attorneys at Luxenberg Garbett Kelly & George P.C. emphasize that retaliation—whether blatant or subtle—violates public policy and specific state statutes. 'The Pennsylvania Supreme Court has made it clear that the Workers' Compensation Act reflects a strong and unmistakable public policy: protecting injured workers and providing them with a path to compensation and medical care,' the firm notes in its recent guidance. At-will employment, which allows employers to terminate staff without warning, does not override these rights. In Pennsylvania, this legal framework is counterbalanced by the public policy exception. This means that while employers can make decisions about staffing, they cannot fire someone simply for asserting their legal rights, such as filing for workers' compensation after a workplace injury. Courts look at the timing and context of a firing to determine whether it was retaliatory. Luxenberg Garbett Kelly & George P.C. explains that Pennsylvania's anti-retaliation statute—Title 43 P.S. § 933.10—gives injured workers powerful tools to defend their rights. The statute prohibits employers from discriminating or taking adverse action against employees for exercising their legal rights under the Workers' Compensation Act. This includes filing a claim, making a complaint about noncompliance, or simply informing coworkers about their rights. The statute even protects workers who raise concerns in good faith, even if those concerns are later found unsubstantiated. 'Retaliation after filing a workers' compensation claim is not always dramatic or immediate,' notes Luxenberg Garbett Kelly & George P.C. 'In many cases, it unfolds gradually, masked as everyday management decisions or subtle changes in working conditions.' This could include reduced hours, denial of benefits, increased scrutiny, or being transferred to less desirable roles. These forms of retaliation, while harder to detect, are just as illegal. The firm also highlights a key legal provision that supports retaliation claims: if an employer takes adverse action within 90 days of an employee filing or reporting a claim, the law presumes the action was retaliatory. This 'rebuttable presumption' shifts the burden to the employer to prove a legitimate reason for the adverse action, giving workers a significant advantage in proving their case. Another common concern is whether workers' compensation benefits continue if an employee is fired. According to Luxenberg Garbett Kelly & George P.C, benefits should not automatically stop if the employee is already receiving them. However, employers may attempt to challenge ongoing payments by alleging misconduct or insubordination as grounds for termination. In these situations, the workers' compensation judge evaluates whether the injury still limits the employee's ability to work and whether the termination was justified. The firm also clarifies the difference between a workers' compensation claim and a retaliation lawsuit. While the former addresses the injury and related benefits, the latter is a separate legal action aimed at holding employers accountable for retaliatory conduct. Retaliation lawsuits may result in compensation for lost wages, emotional distress, and even punitive damages, depending on the severity of the employer's actions. For employees who have experienced job loss, demotion, or harassment after reporting a workplace injury, legal remedies may be available. Damages in a retaliation lawsuit can include back pay, front pay if reinstatement isn't possible, compensation for emotional distress, and attorney's fees. In serious cases, courts may also award punitive damages to deter future misconduct. Luxenberg Garbett Kelly & George P.C. encourages any worker in Pennsylvania who suspects retaliation to document incidents, gather records, and seek legal guidance immediately. Acting quickly can help preserve evidence and ensure legal protections are upheld. Retaliation after a workplace injury isn't just unfair—it's against the law. The legal team at Luxenberg Garbett Kelly & George P.C. continues to defend workers across Western Pennsylvania who are treated unfairly after filing a legitimate claim. Their approach ensures that injured employees don't face additional harm simply for standing up for their rights. Employees who believe they've been targeted after reporting a work injury are encouraged to reach out to Luxenberg Garbett Kelly & George P.C. for help navigating the legal process and protecting their rights. About Luxenberg Garbett Kelly & George P.C.: Luxenberg Garbett Kelly & George P.C. is a team of Western Pennsylvania workers' compensation attorneys committed to standing up for injured workers. With a focus on workplace injury claims and related retaliation cases, the firm helps clients understand their rights and take action when those rights are violated. Embeds: Youtube Video: GMB: Email and website Email: lmkelly@ Website: Media Contact Company Name: Luxenberg Garbett Kelly & George P.C. Contact Person: Lauren Kelly Gielarowski Email: Send Email Phone: (724) 658-8535 Address: 315 N Mercer St City: New Castle State: Pennsylvania 16101 Country: United States Website:
Associated Press
05-07-2025
- Business
- Associated Press
OCEU/CUPE 1750 Reaches Tentative Deal with WSIB After Historic Three-Week Strike
TORONTO--(BUSINESS WIRE)--Jul 5, 2025-- After more than six weeks on the picket lines and unprecedented solidarity across the province, members of the Ontario Compensation Employees Union (OCEU/CUPE 1750) have reached a tentative agreement with the Workplace Safety and Insurance Board (WSIB). 'This has been one of the toughest fights in our union's history—and I could not be prouder of our members,' said Harry Goslin, President of OCEU/CUPE 1750. 'For six weeks, we stood strong on picket lines in every corner of Ontario. We made it clear: we won't back down from protecting public services, demanding respect, and standing up for injured workers. This tentative deal reflects that strength.' The tentative agreement follows weeks of stalled talks, growing public concern over WSIB service backlogs, and revelations that the Board had begun taking costly shortcuts in adjudication due to a mounting claims crisis. Frontline workers raised the alarm, broad support from the public, injured worker advocates, and elected officials. 'Our members were clear, they wanted real investments in frontline staffing, a stop to outsourcing Ontario jobs, and safer workloads. While we'll be presenting the full details to our members first, I can say this, our bargaining team believes we've made meaningful progress on those priorities,' said Goslin. OCEU/CUPE 1750 will be holding membership meetings in the coming days to present the terms of the tentative agreement, followed by a ratification vote. Until the vote is completed, no further details of the agreement will be made public. View source version on CONTACT: For more information, please contact: Bill Chalupiak CUPE Communications Representative [email protected] 416-707-1401 mb/cope491 KEYWORD: NORTH AMERICA CANADA INDUSTRY KEYWORD: PUBLIC POLICY/GOVERNMENT LABOR PROFESSIONAL SERVICES INSURANCE SOURCE: CUPE Copyright Business Wire 2025. PUB: 07/05/2025 02:22 PM/DISC: 07/05/2025 02:22 PM
Associated Press
05-07-2025
- Business
- Associated Press
OCEU/CUPE 1750 Reaches Tentative Deal with WSIB After Historic Six-Week Strike
TORONTO--(BUSINESS WIRE)--Jul 5, 2025-- After more than six weeks on the picket lines and unprecedented solidarity across the province, members of the Ontario Compensation Employees Union (OCEU/CUPE 1750) have reached a tentative agreement with the Workplace Safety and Insurance Board (WSIB). 'This has been one of the toughest fights in our union's history—and I could not be prouder of our members,' said Harry Goslin, President of OCEU/CUPE 1750. 'For six weeks, we stood strong on picket lines in every corner of Ontario. We made it clear: we won't back down from protecting public services, demanding respect, and standing up for injured workers. This tentative deal reflects that strength.' The tentative agreement follows weeks of stalled talks, growing public concern over WSIB service backlogs, and revelations that the Board had begun taking costly shortcuts in adjudication due to a mounting claims crisis. Frontline workers raised the alarm, broad support from the public, injured worker advocates, and elected officials. 'Our members were clear, they wanted real investments in frontline staffing, a stop to outsourcing Ontario jobs, and safer workloads. While we'll be presenting the full details to our members first, I can say this, our bargaining team believes we've made meaningful progress on those priorities,' said Goslin. OCEU/CUPE 1750 will be holding membership meetings in the coming days to present the terms of the tentative agreement, followed by a ratification vote. Until the vote is completed, no further details of the agreement will be made public. View source version on CONTACT: For more information, please contact: Bill Chalupiak CUPE Communications Representative [email protected] 416-707-1401 mb/cope491 KEYWORD: NORTH AMERICA CANADA INDUSTRY KEYWORD: PUBLIC POLICY/GOVERNMENT LABOR PROFESSIONAL SERVICES INSURANCE SOURCE: CUPE Copyright Business Wire 2025. PUB: 07/05/2025 03:33 PM/DISC: 07/05/2025 03:32 PM
National Post
05-07-2025
- Business
- National Post
OCEU/CUPE 1750 Reaches Tentative Deal with WSIB After Historic Three-Week Strike
Article content TORONTO — After more than six weeks on the picket lines and unprecedented solidarity across the province, members of the Ontario Compensation Employees Union (OCEU/CUPE 1750) have reached a tentative agreement with the Workplace Safety and Insurance Board (WSIB). Article content 'This has been one of the toughest fights in our union's history—and I could not be prouder of our members,' said Harry Goslin, President of OCEU/CUPE 1750. 'For six weeks, we stood strong on picket lines in every corner of Ontario. We made it clear: we won't back down from protecting public services, demanding respect, and standing up for injured workers. This tentative deal reflects that strength.' Article content Article content The tentative agreement follows weeks of stalled talks, growing public concern over WSIB service backlogs, and revelations that the Board had begun taking costly shortcuts in adjudication due to a mounting claims crisis. Frontline workers raised the alarm, broad support from the public, injured worker advocates, and elected officials. Article content 'Our members were clear, they wanted real investments in frontline staffing, a stop to outsourcing Ontario jobs, and safer workloads. While we'll be presenting the full details to our members first, I can say this, our bargaining team believes we've made meaningful progress on those priorities,' said Goslin. Article content Article content Article content Article content Article content Article content Article content
Associated Press
25-06-2025
- Business
- Associated Press
Lee Partners Law Launches to Fight for Injured Workers Using Insider Defense Knowledge
Lee Partners Law: Injury Attorneys LLP brings a family-owned, client-first approach backed by decades of inside insurance defense experience. A new California law firm is opening its doors with a bold mission: to protect injured workers using the same insider strategies once used against them. Lee Partners Law: Injury Attorneys LLP, founded by brothers David A. Lee and Michael Lee, launches today with a statewide focus on workers' compensation cases—and a deep commitment to fighting for working families. What sets the firm apart is the background of its founders. Both attorneys spent over two decades combined defending insurance companies and major employers. Now, the brothers are putting that knowledge to use on the other side—helping injured workers navigate a system that's often confusing, unfair, and stacked against them. 'We're brothers, business partners, and former defense attorneys who've sat inside insurance war rooms,' said David Lee, Founding Attorney. 'We know exactly how those companies try to reduce or deny claims. And now we're using everything we learned to protect the people they overlook—injured workers.' Headquartered in Los Angeles and serving all of California, Lee Partners Law is a family-run practice built on trust, integrity, and aggressive legal representation. The firm's focus is 100% workers' compensation law, handling everything from denied claims and delayed treatment to serious injuries and maximum-value settlements. The Lees say their approach combines hard-hitting strategy with personalized, compassionate service—something they believe only a small, family-led firm can provide. 'We're not a giant corporate office. We're two brothers who grew up together, work side by side, and care deeply about every client who walks through our doors,' added Michael Lee, Partner. 'This firm is personal to us—and that makes us fight even harder.' Lee Partners Law is proud to represent the workers who keep cities running. These are the people who power California every day, and they deserve someone in their corner when they get hurt on the job. For more information or to schedule a free case evaluation, visit: Media Contact Company Name: Lee Partners Law: Work Injury Attorneys Contact Person: David A Lee Email: Send Email Phone: 3102950822 Address:PO Box 3869 City: Valley Village State: CA 91617 Country: United States Website: Source: Brand Push
