So long as the employer has a legitimate reason, you can be fired while on light duty — but not because of it. Under Pennsylvania workers’ compensation law, employers are not required to provide light duty work. Still, the employer must offer another position that the employee can perform if such a job is open.
If you were fired while on light duty, there are legal protections against wrongful termination for injured workers. Munley Law is here to help you with your workers’ compensation case.
Was I Fired for Being on Light Duty Work?
An employer cannot fire you for being injured or needing light duty accommodations. However, you can be fired while on light duty if:
- Your employer could not make accommodations for your injury, and there were no available positions you could perform.
- There was no light duty work available.
- While you were out of work for your injury, your job was filled by someone else.
- Your job was eliminated while you were out of work.
- You were not abiding by company policy.
You may have a wrongful termination case if your employer does not have one of these legitimate reasons for terminating you. Following your termination, request a reason for termination document that outlines the terms of your firing.
Pennsylvania Workers’ Compensation Laws
The Pennsylvania Workers’ Compensation Act outlines the rights and responsibilities of injured workers. This includes:
- Wage-loss benefits
- Medical benefits
- Death benefits
Under the Act, employers must provide workers’ compensation benefits to injured employees.
What is light duty?
Light duty work can be different for everyone. In general, the light duty work you are assigned should be less strenuous than the job you were previously doing.
Examples of light duty work include:
- Working on computer systems
- Holding employee training sessions
- Filing paperwork
- Working at the front desk
- Providing inspections of the plant or warehouse
So long as the work is primarily sedentary, this can count as light duty work. Remember, some injuries, such as a back injury, make it nearly impossible for workers to be stationary for too long, so you must work with your employer to ensure that the light duty work fits your medical needs.
Does my employer have to provide light duty work?
Many injured employees are placed on work restrictions following an injury or illness, especially if they hold a physically demanding job. However, employers are not required to create light duty work. If there is a position available that the employee can perform, the employer may be required to give it to that worker under the Americans with Disabilities Act as a reasonable accommodation. If light duty work is unavailable, the employee can continue receiving workers’ compensation benefits while they are unable to perform in their current position.
Wrongful Termination After Work Injury
There are reasons an employer can lawfully terminate an employee while on light duty work or after a work injury, but there are also illegal reasons an employer may terminate someone. Examples of wrongful termination after a workplace injury or while being on light duty include:
- Being terminated after reporting a work injury
- Reporting company negligence that caused your accident and resulting injuries
- Your employer tried to pressure you into returning to work, which you refused due to medical treatment and limitations.
- Your employer did not provide the reasonable accommodations you were promised, which caused you to be unable to perform your job duties.
If your employer sets you up for failure after seeking workers’ comp benefits and requesting light work, leading to wrongful termination, a PA workers’ compensation lawyer can help.
Legal Protections for Employees on Light Duty
If you are placed on light duty work until you’re fully recovered or have reached maximum medical improvement, there are legal protections that work rules must abide by. These legal protections include:
- Workers’ Compensation: Workers’ compensation provides you with lost wages, benefits, medical expenses, and accommodations when available.
- Americans With Disabilities Act (ADA): Under the ADA, employers must provide reasonable accommodations when available to disabled and injured workers. In many cases, this can include light duty work. If an employer can provide light duty tasks and fails to do so, or terminates an employee for seeking work accommodations, there may be legal recourse.
- Family and Medical Leave Act (FMLA): Under the FMLA, injured or sick workers are entitled to 12 weeks of unpaid job-protected leave. While working in a light duty capacity, FMLA leave time is not counted. This means the employee can take FMLA if they realize the light duty work is still too strenuous and the employer has no other options.
You may have a legal claim if your rights have been infringed upon. Contact a workers’ compensation attorney for a free consultation to learn your legal rights.
What To Do If You Were Fired For Being on Light Duty
If you filed a workers’ compensation case and were only able to perform light duty work, which led to your wrongful termination, there are steps you can take to preserve your workers’ compensation benefits to ensure you continue to receive workers’ comp benefits.
Collect Evidence of Wrongful Termination
You must provide evidence of your workplace injury or illness to get workers’ compensation benefits. This evidence can also be used if you are fired while on light duty work or after filing a workers’ compensation claim. Evidence for wrongful termination for a workplace injury may include:
- Medical records that outline your injuries and recovery
- Medical testimony that outlines your work restrictions
- Employment records that include the initial accident report, the documentation for light duty work, and any write-ups or bad employee reviews you may have received after the injury and the start of light work
- Testimony from other employees that supports that the termination was wrongful
Contact a Workers’ Comp Lawyer
Whether you were wrongfully terminated after light duty work or have questions about the claims process for receiving workers’ compensation, a workers’ comp attorney can help you by:
- Determining if your employer fired you because of light duty accommodations or for other reasons
- Gathering information about your injuries, how much you should collect in lost wages, determining your long-term medical expenses, and ensuring your employer is following state laws and acting in good faith
- Ensuring you were not made to return to full duties before you were medically cleared
- Work with your employer to navigate modified work needs
- Take your employer to court if you are terminated or did not receive benefits you were entitled to
Know Your Rights After a Workers’ Comp Claim
Unless you were fired for bad behavior, you can continue to receive your workers’ comp benefits, even if you change jobs. How long you can collect benefits depends on how long it will take you to recover or reach maximum medical improvement.
What’s important to realize is that you will not receive the same amount of benefits once you return to light duty work as you will again be earning a wage, even if it’s not as much as you used to make. Your employer and a workers’ compensation lawyer will explain how compensation is calculated in these situations.
But if you were terminated after light duty work, you can again collect your benefits. You may need a lawyer to help you restart the benefits process.
Filing a Lawsuit After Being Fired on Light Duty
You may have grounds for a lawsuit if you were wrongfully terminated while on light duty. Many employees feel they cannot seek a second opinion on whether it was lawful after termination. However, if your employer fired you without grounds, you have rights.
Get a Second Opinion and Call a Workers’ Compensation Lawyer If You Were Fired on Light Duty.
Workers’ compensation is meant to protect injured workers. But when employers do not follow the law and try to terminate you for utilizing benefits, you need legal protection.
At Munley Law, we work with injured workers who have been hurt and cannot perform their regular duties. We work with their doctors to ensure that the light duty tasks they’ve been assigned appropriately accommodate them and do not set them up for failure. We also help them contest a denied workers’ compensation case if their employer claims they were not truly injured.
If you were hurt at work and are now facing termination after being on medical leave or light duty, we can help. Call the Pennsylvania workers’ compensation lawyers of Munley Law for a free, confidential consultation.
