Can an Employer/Job Terminate You for Being on Workers’ Comp in Pennsylvania?
Yes. The fact that you were injured at work in Pennsylvania does not protect your job. However, your Employer may not fire you simply because you were injured on the job or because you reported a work injury. But they can terminate you for other reasons- such as the fact that they cannot accommodate your restrictions, poor performance, economic downturn, etc.
Note, however, that you cannot be terminated for unlawful reasons such as your race, religion, sexual orientation, age, gender, or if the termination violates a contract or public policy.
If you have sustained a work injury, you can file a claim within 3 years of the date of injury or the date on which you believed your condition might be work related.
Will Your Case be Stronger if it’s Filed Before a Termination?
Yes. But does a termination prevent you from filing? No.
A termination of employment does not end the work comp case. In some situations, it enhances the value of the case because now the insurance company has to look elsewhere to establish an earning power.
Our Attorneys Can Help
I often get calls from clients and potential clients who seem surprised when they learn of their termination but sadly, it is fairly common after a work injury in Pennsylvania.
A termination of employment does not end the work comp case. In some situations, it enhances the value of the case because now the insurance company has to look elsewhere to establish an earning power.
