Dealing with a workplace injury is already challenging, but the thought of losing your job while recovering can add to your stress. If you’re receiving workers’ compensation benefits in Pennsylvania, you may wonder, “Can I be fired while on workers’ compensation?” The answer is not straightforward and depends on the circumstances. Below, our Lancaster hurt-on-the-job lawyers explain your rights, the laws surrounding termination during workers’ compensation, and what steps to take if you face such a situation.
Workers’ compensation is a no-fault system designed to provide medical benefits and wage replacement to employees who are injured on the job. In Pennsylvania, the law ensures that injured workers receive these benefits regardless of who caused the accident. However, being on workers’ compensation does not automatically protect your job.
In Pennsylvania, the short answer is yes, you can be fired while receiving workers’ compensation benefits, but not for reasons related to your injury or your claim. The distinction lies in the grounds for termination.
Pennsylvania is an at-will employment state, which means employers can terminate employees at any time for any reason—or no reason at all—so long as the reason is not illegal. Similarly, employees can leave their jobs without giving a reason or notice.
What This Means for You:
Although at-will employment allows for broad termination rights, there are legal protections in place for workers who file for workers’ compensation.
It is illegal for an employer to fire an employee in retaliation for filing a workers’ compensation claim or for being injured on the job. Retaliatory termination can include:
If you believe you’ve been fired for retaliatory reasons, you can take legal action against your employer.
If your workplace injury results in a disability as defined under the Americans with Disabilities Act (ADA), you may have additional protections. The ADA requires employers to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the business.
Examples of Reasonable Accommodations:
If your employer fires you instead of accommodating your disability, they may be in violation of the ADA.
If you qualify for leave under the Family and Medical Leave Act (FMLA), you are entitled to up to 12 weeks of unpaid, job-protected leave for serious health conditions, including work-related injuries.
Key Points to Keep in Mind:
While your employer cannot terminate you for filing a workers’ compensation claim, there are legitimate reasons they may fire you while you are receiving benefits:
If your employer is reducing their workforce for economic reasons, your injury or workers’ compensation status will not shield you from termination. However, they cannot single you out for layoff because of your injury.
If you engage in workplace misconduct, violate company policies, or fail to meet performance standards, your employer may have grounds to terminate you, regardless of your injury or workers’ compensation status.
If you have reached maximum medical improvement (MMI) and your doctor determines you cannot perform the essential functions of your job, even with accommodations, your employer may terminate your employment. In this case, your workers’ compensation benefits, such as wage loss and medical payments, will typically continue.
Losing your job while on workers’ compensation does not necessarily mean you lose your benefits. Workers’ compensation in Pennsylvania is tied to your injury, not your employment status.
If your injury prevents you from working, you will continue to receive wage loss benefits, even if you are fired, as long as your medical condition has not improved and you are unable to work.
Your employer or their insurance carrier is required to continue paying for your medical treatment related to the workplace injury. These benefits do not stop simply because you are no longer employed.
If you are unable to return to your previous job, workers’ compensation may provide vocational rehabilitation services to help you find new employment or train for a different career.
If you are fired while receiving workers’ compensation, take the following four steps to protect your rights:
Request a written explanation for your termination. If the reason seems suspicious or related to your injury or claim, document all relevant details and communications.
An experienced attorney can help you determine if your termination was lawful and guide you through filing a retaliation claim or pursuing additional benefits.
If you believe your firing was retaliatory, you can file a complaint with the Pennsylvania Bureau of Workers’ Compensation or take legal action against your employer.
Make sure you keep all medical appointments and follow your doctor’s treatment plan. This demonstrates that your injury is legitimate and ensures you continue to receive benefits.
Taking these proactive steps can help you avoid wrongful termination while on workers’ compensation:
Keep detailed records of your injury, medical treatments, and communications with your employer and the workers’ compensation insurance carrier. These records can be invaluable if you need to dispute a termination.
Ensure you comply with all workplace rules and policies. Avoid giving your employer any valid reason to terminate your employment.
Maintain open communication with your employer about your recovery status, work restrictions, and any accommodations you may need.
In Pennsylvania, being on workers’ compensation does not provide complete job security. While your employer can legally terminate you for legitimate reasons unrelated to your injury or claim, they cannot retaliate against you or discriminate because of your workers’ compensation status. Understanding your rights and the legal protections available can help you navigate this challenging situation. If you suspect your termination was unlawful, seeking legal advice is crucial to protect your rights and secure the benefits you deserve. Contact our office today.
30 East Roseville Road, Suite C
Lancaster, PA 17601
Phone: 717-397-1010
Office Hours:
After Hours: 717-471-2168
Fax: 717-397-2644
Vanasse Law LLC is conveniently located just north of center city Lancaster just off Route 30. We are in Sterling Center just off Lititz Pike/Route 501. Our office has plenty of free parking and is handicapped accessible.
Located in Lancaster, Pennsylvania, Vanasse Law LLC serves injured workers throughout Lancaster County and surrounding communities.
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