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Plaintiffs' attorneys are asserting retaliation and discrimination claims in addition to workers' comp claims, complicating cases and costs for employers. (Photo: iStock)

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).

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