Legal Question in Employment Law in Pennsylvania

The Pennsylvania Workers' Compensation Act does not provide protection for your job. The Family Medical Leave Act provides 12 weeks of job protection if your employer employs 50 or more employees and if you had a sufficient work history (enough hours) with that employer, prior to your injury, to qualify. Even if qualified and covered under the FMLA, the law only guarantees your return to the same or a "substantially similar position." Based upon your question, I cannot determine whether the job in the different department was "substantially similar." If you were out for more than 12 weeks, the protection expired and you could be placed anywhere.

If you were working with restrictions at the time you were laid off, and those restrictions affected how you were able to do your job, then you may be entitled to reinstatement on your workers' comp claim.

Fee free to contact me if you want to explore your rights further. 610-584-9400. This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.