Can I Be Fired for Filing a Workers’ Comp Claim in Pennsylvania?

It’s an unfortunate reality that your employer may try to fire you after you report your work injury so be careful and follow all their rules – within reason. However, the law is often on your side in these cases.

Employers are not permitted to retaliate against an injured worker who filed for Workers’ Compensation by firing them. An employer is also forbidden from firing an employee based on their religion, sex, sexual orientation, race, or age. However, there are some legal reasons that an employer can let you go because of your injury or pre-injury issues at work. Even after you are fired, you can still pursue Workers’ Comp benefits, depending on exactly what occurred.

Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945 for a free review of your case

Can You Be Fired for Reporting a Work Injury in Pennsylvania?

Communication is critical. If you were injured on the job, tell a supervisor immediately, and don’t simply state that your back hurts. Tell the supervisor that it hurts because of whatever work activity caused it. Be specific. Many injured workers are afraid to report a work-related injury because of a company’s culture which may have a chilling effect on workers, and they fear retaliation or termination. However, an employer is not allowed to terminate an injured worker for reporting a work injury.

That being said, employers are allowed to fire you for a raft of other reasons. Most employment in Pennsylvania is “at will,” so employers have a lot of freedom to fire someone, just as employees can generally quit without much notice or reasons given. This means that an employer can fire you for incompetence or carelessness related to the accident that caused your injury, but the firing cannot be solely because you got injured or because you reported the injury. For example, if you accidentally started a fire and caused a lot of property damage, the employer will have no requirement to keep you on staff – but they will have to pay for your Workers’ Comp claim for the burns, even if they ultimately fire you.

The fact that you merely reported the injury also cannot be the basis of a firing. While the accident itself might be grounds for termination if it was serious enough, reporting your injury and taking advantage of your rights as a worker cannot be grounds for termination. There are many rules and protections that keep employers from retaliating in this manner, and the fact that the Workers’ Comp Act requires you to report your injury to your employer protects your right to report.

Will You Get Fired for Filing a Workers’ Compensation Claim?

You might be fired for filing a Workers’ Compensation claim, but it is considered discrimination and grounds for a potentially large case. Many employers will try to terminate injured workers, but they are smart enough to look for other “pretextual” reasons besides the work injury when firing workers. For example, they may claim that you had a record of being late to work, or that there is an economic downturn, giving them a facially “legal” reason to terminate you, absent an employment contract or public policy exception that says otherwise.

Injured workers in Pennsylvania have every right to pursue Workers’ Comp benefits with the help of our Pennsylvania Workers’ Compensation attorneys. Do not let your employer intimidate you. In the same regard, be careful to follow company protocols. For example, if you can’t make it into work, follow the exact company policy by calling or giving a doctor’s note or whatever your employee handbook dictates. Many employers will try to get rid of injured workers, but they have to look for valid reasons other than the work injury.

Is Your Workers’ Comp Case Over if You Get Fired?

If you get fired, it does not necessarily mean your Work Comp case ends. In fact, most times, it doesn’t end.

If you are fired for willful misconduct, then your case is in trouble. However, if you have some kind of work-related restrictions and you are laid off, or fired for economic reasons, then your wage loss benefits continue. It simply depends on the circumstances of your case.

Many employers will try to set you up for a “termination for cause” – e.g. too many absences, etc. They will then argue that your loss of earning power is your own fault and not due to the work injury itself. You want to be very careful about knowing the policies set forth in your company handbook (if one exists) so that you can avoid this scenario.

Because of the timeline of a Workers’ Comp case, many workers end up filing their claim petition after they have already been fired from their job. The fact that you have been fired is not, by itself, enough to shut down your case.

Can You Be Fired While Collecting Workers’ Comp Benefits in Pennsylvania?

There are many legal reasons to fire or let workers go while they are drawing on Workers’ Comp benefits. In fact, many cases involve workers who will never return to work because of their injuries, and there is no requirement on the employer’s side to keep the job open – especially if your role was crucial and the spot needs to be filled.

You can usually be fired if the employer states that they can’t accommodate your restrictions from a doctor. For example, if your work involves lifting and moving boxes at a quick pace, you simply might not be able to keep up with demand if your back injury means you cannot lift over 50lbs or that you need a break every 10 minutes. Some jobs are able to accommodate a worker’s injuries by giving them alternative or light-duty work for a limited time. Still, not every job can realistically accommodate workers this way, and your boss may need to let you go.

If there isn’t enough work available, this is often a “good reason” for an employer to let you go after an injury, too. For example, if the employer simply has no tasks for you to do while you are on light duty work or has no role you can fill with your newfound disability, they can let you go.

Many people believe that being on Work Comp protects their job. This isn’t true. If the Family Medical Leave Act applies and you are accepted for that, then your job may be protected for up to 12 weeks – but this is usually 12 weeks of unpaid leave. Even so, an employer cannot retaliate and fire an employee just because they are on Workers’ Comp or because they are pursuing it; they will need to come up with a non-discriminatory reason if they want to fire you.

If You are Fired After an Injury, Within What Period of Time Would it Be Reasonable to Think That the Injury is a Liability of the Company?

This involves a case by case analysis of all the events prior to the injury. A medical history is usually taken to see what injuries they had in the near past so as to make certain that the injury happened at work. If timely notice was given, the employer/insurer still has to accept, deny, or temporarily accept the claim within 21 days of notice.

Can I Stop My Employer from Firing Me if I File for Workers’ Comp in Pennsylvania?

Workers can often file Workers’ Comp claims after being fired, which is excellent for the worker. However, it also means that you cannot pause or slow a potential termination by getting your foot in the door with a Workers’ Comp Claim Petition; you can get your claim granted whether or not you still have your job.

However, filing a claim may give an employer pause, knowing that their motives for firing you might be brought into question if they fire you close in time to your Workers’ Comp claim. Still, there is no actual legal protection, and you should not expect filing for Workers’ Comp to save your job.

Can My Employer Rehire Me After My Workers’ Comp Claim?

If you were fired, employers may be able to rehire you after you recover from your injury and are ready to get back to work, but this is not always an option. If you settled your case, there might have been terms in the settlement and release agreement where you agreed not to work for that same employer again. In other cases, the case itself might have been quite messy and contentious, and it would be easier for both sides if you found work elsewhere instead of opening old wounds or leaving room for future retaliation.

That being said, if you and your employer are still on good terms after the case, they often can legally hire you back. However, they can also say no to rehiring you if they have a good reason.

In the same way that they cannot fire you for a discriminatory reason or simply for filing the case, they cannot refuse to rehire you for those reasons either. They can also refuse to rehire you if your position has already been filled and they have no open positions to give you or if the only open positions involve different work you might not be qualified for.

Call Our Workers’ Comp Lawyers in Pennsylvania Today

For a free review of your potential Work Comp claim, call our Philadelphia Workers’ Compensation Lawyers right away at Cardamone Law by dialing (267) 651-7945.