The intersection between workers’ compensation law and “traditional” employment statutes presents a new minefield for employers and attorneys to navigate.
In recent years, as the number of workers’ compensation cases in Pennsylvania and beyond has trended downward, the number of employment lawsuits arising out of workers’ compensation claims has increased. Most frequently, plaintiffs’ attorneys have parlayed workers’ compensation claims into alleged violations of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (as amended) (ADAAA).
There are several reasons for this shift. Initially, the value of workers’ compensation claims has decreased because of recent changes in the way the courts interpret the Workers’ Compensation Act. Additionally, the number of workers’ compensation petitions filed with the Pennsylvania Bureau of Workers Compensation Office of Adjudication has significantly decreased, from a high of 67,429 in 1994 and 1995, to 43,723 for the most recent fiscal year. Due to these factors, and the stiff competition in the workers’ compensation arena, plaintiffs’ attorneys have become more sophisticated in employment laws and are scrutinizing the employers’ actions during the pendency of the claim.
Recommended For You
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
