Can I Still Get Worker’s Compensation After Getting Terminated?

The simple answer to this question is, yes. You can still collect workers’ comp benefits even after you were terminated from your job. Of course, there are a few stipulations. We’re going to take a deeper dive into the entire process of filing workers’ compensation claims after suffering an on the job injury. With these questions answered, there won’t be any curve balls thrown your way on your journey to recovery.

For more questions and for help with your workers’ compensation claim, contact a workers’ compensation lawyer at Munley Law today. Our specialized workers’ comp attorneys will guide you through the claims process, ensuring you receive the maximum amount of your benefits in a timely manner. We will make sure paperwork is filed correctly, appropriate notifications are sent, and deadlines are met. We offer a free consultation to injured workers where you will speak with an experienced attorney and discuss your legal options.

Back to the Basics: What is Workers’ Compensation?

In 1915, the state of Pennsylvania enacted the Pennsylvania Workmen’s (Workers’) Compensation Act. This insurance is meant to protect both the employer and employee in the event of a workplace injury.

When you suffer a workplace injury, workers’ compensation benefits cover your medical bills and provide money while you’re unable to work. These benefits are available regardless of who caused the accident — even if it was your mistake.

The workers’ compensation system exists specifically to help injured workers recover and get back on their feet. Pennsylvania workers’ compensation law requires all employers to provide these important benefits to their employees who file a valid workers’ compensation claim.

Many injured workers worry about their rights after being fired. Remember: Your employment status doesn’t automatically cancel your claim. Even terminated employees maintain their legal right to receive workers’ compensation benefits for qualifying work injuries that occurred during employment.

Your Eligibility for Workers’ Compensation Benefits After Termination

Getting fired or laid off doesn’t automatically end your right to workers’ compensation benefits. The key factor that determines your eligibility is when your injury happened — not your current employment status.

If you suffered a work-related injury while you were still employed, you remain eligible to collect workers’ compensation benefits even after termination. Pennsylvania workers’ compensation law protects injured workers based on when the workplace accident occurred, not whether you still work for the company.

Your medical benefits, including coverage for doctor visits, medication, and physical therapy, continue regardless of termination. The same applies to your wage-loss benefits or temporary disability payments that replace part of your lost income during recovery. These benefits are tied to your employment status at the time of injury, giving you important financial protection during a difficult time.

Termination Scenarios

Different situations may arise when you’re terminated while dealing with a workers’ comp claim:

• Fired while receiving benefits: If your employer terminates you while you’re actively collecting workers’ compensation payments, your benefits should continue without interruption.
• Termination without cause: Even if you’re let go for reasons unrelated to your injury, you remain eligible for workers’ compensation benefits if your injury occurred during employment.
• Retaliatory termination: Firing an employee for filing a workers’ compensation claim is illegal under Pennsylvania law. This situation may entitle you to pursue a separate wrongful termination lawsuit.
• Post-injury termination: Regardless of when or why you were terminated after a workplace injury, you maintain your right to medical coverage and wage-loss benefits for qualifying work-related injuries.

Willful Misconduct

There is a scenario in which you may not be able to collect your workers’ compensation benefits. If you were fired for willful misconduct (like repeated violations of rules and policies, physical violence, drug or alcohol use, and/or falsification of records) that could affect your rights to receive benefits.

However, if you are fired because of company layoffs, a downturn in the economy, or because you cannot perform your regular duties because of your injury, then you are entitled to keep your workers’ compensation benefits.

What Are Workers’ Comp Benefits for Injured Workers?

When you suffer a workplace injury, workers’ compensation provides several important benefits to help you maintain financial stability while you recover:

• Medical benefits: Coverage for all reasonable medical expenses related to your work injury, including doctor visits, hospital stays, surgeries, medications, physical therapy, and necessary medical equipment.
• Temporary disability benefits: These are wage-replacement payments that provide income (typically two-thirds of your average weekly wage) while you’re unable to work during recovery.
• Permanent disability benefits: If your injury results in lasting disability, you may qualify for long-term benefits based on the severity of your permanent disability.
• Vocational rehabilitation: Services to help you return to work through job training, education, or placement assistance if you cannot return to your previous position.

These benefits remain available even after termination if your injury occurred during employment. An experienced workers’ compensation attorney at Munley Law will evaluate your case, explain your rights, and fight to ensure you receive all benefits you’re legally entitled to under Pennsylvania law.

What is the Role of the Former Employer?

After termination, your former employer still maintains significant responsibilities regarding your workers’ compensation claim:

• Insurance coverage: Your former employer’s workers’ compensation insurance carrier remains responsible for paying your benefits, even after you’ve been terminated. This obligation continues as long as your injury is work-related and occurred during your employment.
• Benefit provision: The employer must ensure continuation of your medical benefits and temporary disability payments through their insurance carrier. These financial obligations don’t end when your employment does.
• Documentation requirements: Your former employer must provide accurate employment records, accident reports, and other documentation needed to process your claim properly. They cannot legally withhold information that supports your case.
• Non-retaliation: Employers are prohibited from interfering with your claim or retaliating against you for filing for workers’ compensation benefits.

If your former employer or their insurance company is being uncooperative, contact the Munley law firm today. As an injured worker, you have a right to compensation for an on-the-job injury. Our team of highly specialized attorneys will work around the clock to ensure you recover maximum compensation.

Navigate the Workers’ Comp System with an Experienced Personal Injury Lawyer

Dealing with the workers’ compensation system becomes particularly challenging when you’ve been terminated from your job. The process involves involved paperwork, strict deadlines, and navigating insurance company tactics that might minimize your benefits.

Since opening our doors in 1959, Munley Law has helped thousands of Pennsylvania residents collect unemployment benefits after an accident. We are deeply knowledgeable in local, state, and federal laws. We have access to a wide network of resources, and we know our way around the local courts.

Our legal team will help gather evidence including medical records, accident reports, and employment documentation. We will consult with accident reconstruction experts, medical consultants, and other legal minds to bolster your claim and turn it into a winning settlement.

Call Munley Law for a Free Consultation Today

When you work with a Munley personal injury lawyer, you don’t need to worry about paperwork or deadlines — our team will take care of all the details. While you focus on your recovery, we’ll focus on securing all workers’ comp benefits, including full medical coverage and appropriate wage-loss payments.

You are not alone, and we are here to support you. Munley Law’s leading workers’ compensation attorneys offer free consultations to discuss your case and explain how we can help you receive the full benefits you’re entitled to after termination. Call today.