Will My Employer Hold My Job While I Recover From a Work Injury?

Workers’ compensation benefits offer you a lot of things, like compensation for medical care, specific loss benefits, and payment of lost wages. But it doesn’t guarantee you’ll have a job to return to once your work-related injury or illness has recovered.

Pennsylvania is an at-will employment state, which means you can be let go from your position at any time, so long as it is not for a discriminatory reason. That would include filing for workers’ comp.

However, if your employer needs your job position to be active, for example, if you’re a full-time employee for a construction firm and are in the middle of a deadlined build, they have a right to replace you. But, when you return, they must offer you a suitable job replacement.

The only way to avoid at-will employment laws is to have stipulations in your employee contract or belong to the union.

If you believe your workers’ compensation claim led you to be fired or have questions about workers’ compensation laws, call Munley Law.

How Does Workers’ Compensation Work?

As an injured worker, you have rights under the Pennsylvania Workers’ Compensation Act. Under the Act, you can receive compensation for medical expenses and wage-loss compensation benefits until you can return to work. If the job injury results in fatality, death benefits are paid to dependent survivors.

If your injury or death was self-inflicted, workers’ comp does not apply.

To secure workers’ compensation benefits, you must report your workplace injury or illness immediately. Failure to inform can result in a denial of benefits. Notice must be given no later than 120 days after the injury to be eligible for compensation. Once you have missed time from work, your employer must report the injury to the Bureau of Workers’ Compensation. Your employer then has the right to accept or deny your compensation claim. But you can appeal the decision before a workers’ compensation judge.

If approved for workers’ comp benefits, you may collect wage loss benefits equal to two-thirds of your average weekly wage, up to a weekly maximum.

If you suffer from a total or partial disability, there are other stipulations, as you may be entitled to Social Security Disability as well. An experienced workers’ compensation lawyer from Munley Law can walk you through your financial compensation options.

Can I Be Laid Off While on Workers’ Compensation?

You can legally be laid off while on workers’ compensation. However, the reason for the layoff must be legitimate and not related to the use of workers’ comp benefits.

So, if your employer can prove budget cuts, planned terminations, or other valid reasons for letting you go, they may be in their legal right. You are still entitled to benefits if laid off while on workers’ comp.

However, you may have a legal case if your employer’s actions seem vague or you suspect it is connected to your workers’ comp claim. A workers’ comp lawyer from Munley Law can review the terms of your layoff and determine if you have a retaliatory termination case.

What Happens to My Workers’ Compensation if I Resign?

In general, you are not recommended to quit your job after a workplace injury unless you already have new employment lined up. However, if you resign, you would still be entitled to medical benefits under workers’ comp, depending on the doctor’s medical evaluation of your condition.

If you suffered a total disability or your injury is under the special loss category of injury, you could still receive those payments, but you would have to negotiate with your employer’s insurance company.

If you suffered a partial disability and accepted a new position elsewhere, you would still be entitled to wage-loss benefits if you could not earn pre-injury wages for up to 500 weeks. However, if you suffered a partial disability and quit, but did not find a new job you would not get compensation.

Your employer can also ask your compensation benefits to be stopped or reduced for a period of time if they can prove that other work was available to you, but you chose not to take it.

What Happens if I Get Fired While on Workers’ Compensation?

You can be fired while on workers’ comp. However, you will still receive your medical benefits and wage loss compensation until you recover or meet maximum medical improvement.

If your medical provider clears you for light-duty work and your employer does not take you back, you may be able to collect temporary total disability benefits equal to about two-thirds of your previous pay.

You may also qualify for occupational training through the workers’ comp program, which can help you find a higher-paying job when you return.

If you believe your employer fired you because of your workers’ comp claim, you may have a legal case for wrongful termination. An employer cannot fire you for:

• Severe workplace injuries
• Reporting a workplace injury or illness
• Reporting safety violations
• Utilizing or requesting medical leave
• Filing a workers’ comp claim
• Negotiating your workers’ comp benefits

If you suspect retaliatory measures were taken against you, contact a lawyer immediately and preserve all evidence you have.

What Does it Mean to Be an At-Will Employee?

Most employees in Pennsylvania are “at-will,” which means the employer can end the employment relationship at any time for any reason unless there is an employment contract or stipulation in the employee handbook that states otherwise. Further, union employees are also not at will.

Under the law, there are exceptions to termination without reason, which include discrimination of protected classes (race, gender, disability, religion, nationality, and age) who are protected under state and federal laws. Exemptions also exist if the employer meets specific size criteria where they must provide 60 days’ notice before closings and mass layoffs.

Do You Think Your Employer Is Treating You Unfairly?

You may have a legal case if you have filed for workers’ comp benefits and your employer treats you unfairly. To prove discrimination is happening, be sure to:

• Document everything. Correspondence, such as performance evaluations, emails, etc., can help prove mistreatment. Also, keep a timeline from when the accident occurred to now.
• Review your employee handbook and contract. See what company regulations exist for terminations.
• Gather evidence of retaliation or discrimination. If comments were made to you or about you and there were witnesses, write them down and log the names of those around to hear it happen.
• Consult a lawyer. Unfortunately, the best thing to do in these situations is lawyer up. Don’t take action until you’ve met with an attorney who can discuss your legal options, as you do not want to make a mistake and mess up your disability benefits.

After suffering a long-term, permanent disability, you have certain protections under the Americans with Disabilities Act, including reasonable accommodations and work restrictions. You may even qualify for the Family Medical Leave Act (FMLA). Call Munley Law for legal advice if your employer is not taking these requests seriously or has offered you job duties you know you cannot perform.

Our Workers’ Compensation Attorneys Can Help

If you or a loved one suffered a workplace injury and have sought workers’ comp benefits but now have questions about the future of your employment, call Munley Law. With decades of experience in personal injury law, including workplace injuries and workers’ comp claims, our lawyers will ensure your case is treated fairly.

Injured employees have a lot to handle, and the workers’ compensation system can be overwhelming. If you have questions about medical bills, wage loss benefits, and filing for a permanent disability, call today for a no-obligation, free consultation.