Can I Be Fired for Filing a Workers’ Comp Claim in Pennsylvania?
No. 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.
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. If you are fired, you can still pursue work comp benefits, depending on exactly what occurred.
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- they fear retaliation or termination. However, an employer is not allowed to terminate an injured worker for reporting a work injury.
Will You Get Fired for Filing a Workers’ Compensation Claim?
You could be, 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 reasons” besides the work injury in doing so. For example, if you are late to work, or if there is an economic downturn, your employer could terminate you- absent a contract or public policy exception that says otherwise. Most employment in PA 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.
Injured workers in PA have every right to pursue work comp benefits. 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 the handbook dictates. Many employers will try to get rid of injured workers but they have to look for other 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 wilful 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”- ie, 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.
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 You Be Fired While Collecting Workers’ Comp Benefits in Pennsylvania?
Yes, you can be fired if the employer states that they can’t accommodate your restrictions from a doctor, or if there isn’t enough work available, etc. Many people believe that being on work comp protects their job. This isn’t true. If FMLA applies and you are accepted for that, then your job is safe for up to 12 weeks, usually 12 weeks of unpaid leave. An employer cannot retaliate and fire an employee because they are on work comp or because they are pursuing it. But they can terminate employment for non-discriminatory reasons.
If you feel you have been discriminated against by your employer in Pennsylvania, please contact me for an analysis of your case.