If you’ve been injured at work and receive workers’ compensation benefits in Pennsylvania, you may be stressed and wondering about your job security during your recovery period. Many injured workers worry about losing their employment while unable to perform their regular duties. Understanding your rights and the legal protections is essential for navigating this challenging situation.
Don’t face the complexities of workers’ compensation and potential job loss alone. Contact Munley Law today for a free consultation with our experienced PA workers’ compensation attorneys who have protected Pennsylvania workers’ rights for over 65 years.
Understanding At-Will Employment and Workers’ Compensation in PA
Pennsylvania is an “at-will” employment state, which means the relationship between employers and employees can generally be terminated by either party at any time, with or without cause. However, this general rule is subject to significant limitations when workers’ compensation is involved.
While Pennsylvania’s at-will employment doctrine gives employers significant discretion in termination decisions, there are crucial legal protections for injured workers. It is illegal for an employer to fire you because you filed a workers’ compensation claim. This type of termination, known as retaliatory discharge, violates public policy and Pennsylvania law.
Retaliatory termination of an employee for filing a workers’ compensation claim is discrimination and it is illegal. If you believe you were wrongfully terminated after filing a workers’ compensation claim, your attorney can help you seek compensation for lost wages, emotional distress, and punitive damages.
Valid Reasons for Termination While on Workers’ Comp
Despite protection against retaliation, employers may still terminate employees on workers’ compensation for legitimate business reasons, including:
- Company-wide layoffs or downsizing
- Poor performance issues unrelated to your injury
- Business closure or bankruptcy
- Inability to perform essential job functions even with reasonable accommodations
- An extended absence that creates undue hardship on the business
What Happens to Your Workers’ Comp Benefits if You’re Terminated
A common concern for injured workers is whether termination affects their workers’ compensation benefits. The good news is that your right to workers’ compensation benefits is separate from your employment status.
Your Benefits Should Continue: Your workers’ compensation benefits should not be affected if you are laid off or terminated while receiving them. Your workers’ compensation claim is based on when your work injury occurred. If you were qualified to receive benefits at the time of your injury, then those benefits will continue to be available to you.
Continuation of Medical Benefits: If you are terminated while receiving workers’ compensation, your former employer must continue to pay for medical treatment that is reasonable and necessary for your work injury. Your right to medical care stems from the injury itself, not your current employment status.
Wage Loss Benefits After Termination: As long as your disability persists, your wage loss benefits should continue even after termination.
Can You Be Fired While on Light Duty?
Sometimes, a doctor may clear you to return to work with certain restrictions. You may not be able to perform all the duties you once did, but you may take on lighter tasks while you continue recovering from your work-related injury. For example, if you are a Pennsylvania factory worker, you may be able to return to work, but your doctor may restrict specific activities associated with your job.
You are not fully protected against losing your job, even if you return to work with restrictions from your doctor. While nothing gives your employer the right to retaliatory termination, your employer may provide you with a reason beyond the workers’ compensation claim.
If you return to work for lighter duties, your employer may still have to pay workers’ compensation. This happens most often when you are cleared for a different job to accommodate the disabilities from the work injury, and the new job does not pay as well.
If you suspect you were unfairly let go after returning to work for lighter duties, speak to a workers’ compensation attorney immediately to explore all legal options.
How to Determine if Your Termination Was Retaliatory
If you’ve been fired while receiving workers’ compensation benefits, it can be challenging to determine whether the termination was legitimate or retaliatory. Important factors that may suggest retaliatory discharge include:
- The timing of termination is soon after filing a claim
- Positive performance reviews before your injury
- Disparaging comments about your injury or claim
- Different treatment compared to similarly situated employees
- A sudden change in attitude from supervisors after filing your claim
Proving retaliation can be challenging, as employers rarely admit that a workers’ compensation claim was the reason for termination. Instead, they may cite performance issues or business necessity as the official reason.
Why Choose Munley Law for Your Workers’ Compensation Claim
If you’ve been terminated while on workers’ compensation in Pennsylvania or fear you might lose your job due to a workplace injury, don’t navigate this complex situation alone. The experienced Pennsylvania workers’ compensation attorneys at Munley Law have protected injured workers’ rights for over 65 years.
When facing the complexity of a workers’ compensation case coupled with potential job loss, having the right legal team makes all the difference. Since 1959, Munley Law has established itself as a trusted advocate for injured Pennsylvania workers.
There is no need to face this challenging situation by yourself. Contact us today and get started with a passionate PA workers compensation lawyer who will work diligently to protect your rights so you can focus on the most important thing after a work injury – getting your life back to normal.
Don’t let employers or insurance companies intimidate you into accepting less than you deserve. Contact Munley Law today at (570) 338-4494 for a free, no-obligation consultation about your workers’ compensation case.
