Key takeaways:
- Pennsylvania employers may fire injured workers for lawful reasons.
- Firing someone for filing a workers’ comp claim may be retaliation.
- Losing your job does not automatically end your workers’ comp claim.
- Medical benefits may continue for accepted work-related injuries.
- Save paperwork and speak with a lawyer before answering insurers.
Getting hurt at work is stressful enough. When your paycheck, medical treatment, and job security all feel uncertain, one of the biggest fears is whether your employer can fire you while you are receiving workers’ compensation. Many injured workers assume their job is automatically protected because they filed a claim. Others worry that accepting benefits will make them a target for termination.
In Pennsylvania, the answer is not always simple. Workers’ compensation may provide medical benefits and wage loss benefits after a job-related injury, but it does not always guarantee that your employer must hold your position open forever. At the same time, your employer generally cannot fire you simply because your workers’ comp attorneys in PA filed a claim or exercised your legal rights.Understanding the difference between a lawful termination and possible retaliation can help you protect your benefits and respond appropriately if your employer takes action against you.
Can I get fired while receiving workers’ compensation?
Yes, it is possible to be fired while receiving workers’ compensation in Pennsylvania. However, the reason for the termination matters. Pennsylvania is generally an at-will employment state, which means an employer may terminate an employee for many reasons, as long as the reason is not illegal. For example, an employer may point to reasons such as:
- Layoffs or business restructuring
- Performance issues unrelated to the injury
- Workplace misconduct
- Attendance problems not connected to the work injury
- Elimination of the employee’s position
However, an employer can’t fire an employee because they filed a workers’ compensation claim, reported a workplace injury, requested benefits, or hired a lawyer to protect their rights. If the real reason for the termination is retaliation, the employer’s action may raise serious legal concerns.
What happens to my workers’ comp claim if I get fired?
Getting fired does not automatically end your Pennsylvania workers’ compensation claim. If your injury is accepted or proven to be work-related, medical benefits may still continue for treatment connected to that injury.
Wage loss benefits depend on the facts. If you cannot work because of your injury, benefits may continue. However, if the employer or insurance company claims you were fired for misconduct, refused suitable work, or lost wages for reasons unrelated to the injury, they may try to reduce or stop your checks.
It is also important to continue medical treatment, follow work restrictions, keep copies of termination notices, save emails or text messages, and document conversations with supervisors, human resources, or the insurance adjuster. These records may help show whether the termination was connected to the injury or whether the insurer is improperly using the firing to challenge your benefits.
If you are fired while receiving benefits, save all paperwork, continue medical treatment, follow work restrictions, and speak with a workers’ compensation lawyer before responding to the insurance company.
Who is the leading team of workers’ comp attorneys in PA?
If you were fired while on workers’ compensation, or if your employer is threatening your job after a work injury, it’s high time to turn to Liberty Bell for help. We won’t let insurers use your termination to question your benefits, pressure you into returning to work, or argue that your lost income is no longer related to the injury.
Whether you work in Hamilton Street, some other part of Allentown, or anywhere else throughout the eastern Pennsylvania region, you can always count on us to make sure you get the right legal guidance before making any decision that can affect your benefits package.
Want to hire respected lawyers with unique insight into the work comp process, understand how the claim petition works in Pennsylvania, or learn how to approach during workers’ compensation hearings? Our award-winning legal representatives will go above and beyond to provide all the information you need in a clear and concise manner. Reach out to our office to arrange a free consultation, and we’ll start work on your case immediately. Contact us now!