Can I Get Workers’ Comp If I am Laid Off in Pennsylvania?

Workers’ Compensation is supposed to be paid by your employer, but what if they are no longer your employer when you need your benefits?  Many people seeking Workers’ Comp benefits might be fired while they are recovering from their injury, and some might even need benefits from an employer they haven’t worked for in a while.  But can you get Workers’ Comp if you are laid off?

Generally, an employer needs to pay Workers’ Comp benefits to any employee who was injured or suffered a qualifying occupational disease during the term of their employment.  Your ability to file for Workers’ Comp benefits is not dependent on who you currently work for but who you were working for when you were injured.  This means employees can often seek benefits even after they were fired, but it also means an employer can fire you while you are recovering or receiving benefits.

For help making a Workers’ Comp claim in Pennsylvania, contact the Certified Workers’ Compensation lawyers in Philadelphia at Cardamone Law today at (267) 651-7945.

Can You Get Workers’ Compensation After Being Fired in Pennsylvania?

Workers’ Compensation is supposed to be paid for any injuries that occurred during the worker’s employment.  This means that the employer – usually through their insurance carrier – needs to cover the medical care and wage-loss benefits even if the worker no longer works for them by the time the claim is filed.

Many workplace accidents are based on an employee’s own mistakes, and sometimes those mistakes are serious enough to warrant firing an employee.  However, just because the worker was fired does not mean that the employer’s obligation to pay for those injuries goes away.  A Workers’ Comp claim can still be filed after being fired, and our Pittsburgh Workers’ Compensation lawyers can help you figure out how to get in touch with your former employer about the injury so you can properly report it and file your claim for benefits.

Whether you were fired because of the accident or for another reason, you should file your claim within 21 days – though you have a maximum of 120 days to submit notice to your employer in most cases.  A lot can happen in 21 days, let alone 120 days, and it is possible you might be fired in the meantime.  This is quite common, and it is perfectly normal and permissible to file a claim after being fired in situations like this.

Filing for Workers’ Comp for Cancer and Other Illnesses After Being Fired

Another situation where you might need to file for Workers’ Comp with a former employer occurs in cases involving cancer, mesothelioma, asbestosis, silicosis, and other health conditions that do not appear until years after your work with that employer ended.  In these cases, you can still claim Workers’ Comp benefits from an old employer, even if you were fired.

Exposure to certain chemicals and toxic conditions may lead to cancer or other health conditions down the road.  Claiming Workers’ Comp benefits for these kinds of conditions has an extended filing deadline, given the fact that you often cannot predict the disease and only need Workers’ Comp benefits years later when you are diagnosed and become disabled.  With these cases, workers usually have 300 weeks – i.e., a bit over 5 1/2 years – to file their claims.

It is likely that many workers filing claims for cancer and similar diseases are no longer working for that specific employer, and may have even left that industry behind.  If you were fired by your old employer back at an oil refinery, chemical plant, or whatever other workplace caused your later condition, that should not stop you from being able to file for Workers’ Compensation.  The obligation to cover workers – present and past – follows employers for years to come in cases of occupational diseases.

Can You Be Let Go While Receiving Workers’ Comp Benefits in Pennsylvania?

Usually, your employer does not need to keep your job open while you are out of work because of your injury.  Many injuries take an employee out for only a limited period, and an employer may be willing to keep you on staff in order to have you back after you are healed up.  However, there is no requirement that they have to do this, and you might be let go in the meantime.

Imagine a small, family-owned restaurant or a landscaping business with only a few employees.  In cases like this, a prolonged injury to one worker might really hurt the business if they cannot replace them.  As such, it might be unrealistic for a business to keep a position open or to hire only a temporary replacement, especially if there is a chance you might not be able to return at 100% until months or years after your injury.  Because of these material limitations, employers are not required to keep you on staff while you recover, and they may fire you and replace you while you are out on Workers’ Comp benefits.

Even if you are fired during your recovery, your employer cannot stop paying your Workers’ Comp or deny your claim because you file it after the firing date.  As mentioned before, an employer’s obligation to cover workers injured during their time with the employer does not end with the end of their employment, even if they were fired for cause.

Note that in situations like this where the employer is fired after filing their claim (rather than filing after being terminated), the firing cannot be retaliation for the claim; that is illegal.

In any case, many people facing permanent disabilities from a work injury might never be able to return to their job, and it makes sense for their employer to cut them loose.  Either way, they will still be paying ongoing disability benefits to the injured worker through Workers’ Compensation, potentially for years to come after they are let go.

Call Our Workers’ Compensation Attorneys in Pennsylvania Today

Contact Cardamone Law’s Lancaster Workers’ Comp lawyers at (267) 651-7945 for a free case review today.