If you are hurt on the job, you may wonder if you can be fired while on workers’ compensation in PA. Your employer can’t retaliate against you for filing a benefits claim. Retaliation might include firing you or making it so difficult for you to work there that you are forced to quit. That said, employers can let employees go for reasons other than the benefits claim. For example, they might point to unrelated performance issues or company-wide layoffs. Timing and context are crucial when trying to figure out if a worker lost their job because they exercised their right to file a compensation claim.
The Philadelphia workers’ compensation attorneys at Krasno, Krasno & Onwudinjo have fought for truckers, steel plant workers, carpenters, teachers, and others for over 85 years. We have an incredible understanding of workers’ compensation law because it is our primary focus. Our team helps connect workers to the benefits they deserve while protecting their right to fair employment.
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Can You Be Fired While on Workers’ Compensation in Pennsylvania?
You can be fired while on workers’ compensation if the reason is unrelated to filing for benefits. In other words, your employer can’t retaliate against you and fire you out of spite because you exercised your rights. Also, if the employer gives poor job performance as the reason for the termination, the performance can’t be related to your injury. But it may be permissible if they let you go because of unrelated reasons (e.g., performance or layoffs).
That said, it’s very rare that an employer says they are firing a worker because they filed a claim. Because of this, it’s important for employees to look at the surrounding context. For example, if they filed for workers’ compensation on Monday and lost their job on Tuesday, it may be because of the claim. But retaliation doesn’t always take the form of firing a worker. It can also occur if the employer makes it exceedingly and unnecessarily difficult for the employee to do their job.
Proving Your Employer Retaliated Against You for Filing for Workers’ Compensation
Determining if an employee’s termination is illegal or not requires closely looking at the evidence. For this reason, it’s essential to record when you reported your injury, how your employer responded, and the circumstances of your boss firing you. For example, you can note what your employer said to you when you submitted the claim. Likewise, record what happened before your employer let you go. For example, consider whether they repeatedly commented about your injury or made it difficult for you to work.
These can be important details you can use to understand if the termination was lawful or not. You can then use these to shape a potential case against your employer for breaking the law.
What Can You Do if Your Employer Fires You While You’re on Workers’ Compensation?
If your employer fires you while you’re on workers’ compensation, you have several options. If you believe your employer retaliated against you for filing a benefits claim, you can take legal action against them. This might involve filing a lawsuit or reporting them to the appropriate state agency (such as the Department of Labor & Industry). If your employer fired you for lawful reasons (such as restructuring), you can begin looking for another job when you are well enough to do so.
If you have questions about how to protect your rights in this situation, consider collaborating with a Pennsylvania workers’ compensation lawyer. They can investigate the situation and, if possible, help you take steps to reinstate your benefits or hold your employer liable for their actions.
Do Your Work Injury Benefits Stop if You Are Fired From Your Job?
Under Pennsylvania law, most injured workers can continue to receive benefits even if they lose their job. That said, it depends on the circumstances. If your employer fires you because you filed a false claim for benefits, you may not be eligible to receive further compensation. Likewise, quitting your job after returning to work on a modified schedule may impact your right to benefits. If you refuse a reasonable offer to go back to your job or a modified one, this can jeopardize your compensation and your ability to keep your position.
Additionally, there are limitations on the benefits you can receive for work injuries. If you lose your job and start employment somewhere else, you may be entitled to less benefits than when you were completely out of work. In many cases, you might receive a percentage of the difference between your wages before and after the injury.
Moreover, you can’t receive more than the maximum amount of workers’ compensation, regardless of whether you get the money from one or two employers. This might come up if you are hurt at work for Company A, lose your job, and then start working at Company B, where you also get a job injury. If you are getting benefits from both companies, the total amount can’t be more than the maximum in effect at the time.
Does Your Employer Have to Give Reasonable Accommodations After a Work Injury?
Under the Americans with Disabilities Act (ADA), many employers with 15 or more employees can’t discriminate against workers because of a physical or mental disability. Discrimination includes firing someone or making it difficult or impossible for them to work there. Additionally, it encompasses not attempting to reasonably accommodate the person so they can do their job.
For example, if someone is in a wheelchair, a reasonable accommodation would be to let them do their work while seated. Or someone might need a special type of phone to hear. If these or other modifications are available and reasonable under the circumstances, the employer may have to implement these if the worker returns to their job. Businesses that fail to follow the ADA may be subject to legal consequences.
Does Your Employer Have to Hold Your Job Open for You While You’re on Workers’ Compensation?
Your employer doesn’t have to hold your job open for you while you’re receiving workers’ compensation benefits. But they can’t fire you because you’re injured or because you exercised your rights. Additionally, if you return to work, they may have to reasonably accommodate your changes in ability after the injury.
How Long Can You Be Out of Work Because of a Job Injury?
There is no predetermined amount of time that you can be away from your job because of an injury. Instead, you can take time off until your physician clears you to go back to work, either in a full or modified capacity. Additionally, you may lose your right to benefits once you get the all-clear to return to the office. You can still receive compensation while returning to work on a light-duty basis, but your payments may be adjusted accordingly. Likewise, if you refuse an offer to go back to your job, you might lose your benefits.
Krasno, Krasno & Onwudinjo: We Defend the Rights of Injured Workers in Pennsylvania
If you are hurt on the job, you may feel vulnerable and concerned about what comes next. Additionally, you may have questions about whether you would lose your job if you file for benefits. Our firm understands your concerns and is here to help.
The advocates at Krasno, Krasno & Onwudinjo are leaders in their field. We seek to restore the dignity of those who suffer job injuries and help connect them with vital compensation. Andrew Onwudinjo has fought for injured workers since 1989 and has earned a spot on the Super Lawyer list from 2006 to 2024.
If you filed for workers’ compensation and are worried about losing your job, contact us today by calling (844) 919-4016 to schedule a free consultation.