The Official Partner of the American WorkerSM
All calls are confidential and there are no fees until we win.
Free Case Review (267) 651-7945
Close
No Recovery No Fee Guaranteed
The Official Partner of the American WorkerSM
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury

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.

 

Awards & Recognitions

best Philadelphia. workers comp lawyer
best workmans comp lawyer philadelphia
Bucks County workers comp lawyer
Philadelphia workmans comp lawyer
Philadelphia workers compensation lawyer
Top 10 Attorneys Award Pennsylvania workers' comp lawyer
best workmans comp attorney
best workmans comp lawyer philadelphia
Philadelphia Workmans Comp Lawyer
Philadelphia workers comp lawyer
best bucks county workmans comp lawyer
Avvo Rating 10.0 Philadelphia workers' comp lawyer
Workmans comp lawyer
best Philly workmans comp lawyer
best Philadelphia workmans comp lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
$315,000
Lower Back Injury
$310,000
Lower Back Injury
$305,000
Lower Back Injury
$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
$315,000
Lower Back Injury
$310,000
Lower Back Injury
$305,000
Lower Back Injury

Client Testimonials

"Without a doubt YOU are the best!!!"

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Thank you from the bottom of my heart Mike and Shirley!!"

I called Shirley when I was scared and didn’t know what where my next dime was coming from after I was out with my work injury. Shirley was very kind and helpful guiding me every single step of the way. Mike was not your typical lawyer was not pushy but very responsive to all my gazillion questions. He helped me get my settlement quickly and settlement check in a very timely manner. Would recommend them to anyone! Mike helped calm all my fears and anxieties as I was trying to navigate one of the hardest and most stressful times in my life. Thank you from the bottom of my heart Mike and Shirley!!

- Jen Thompson
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews