can my employer fire me for filing workers compensation Can You be fired For a Workers’ Comp Claim?
What to Do If You Are Fired for Filing Workers’ Compensation
Can an employer fire you for filing a workers’ comp claim? In Pennsylvania, an employer cannot fire you for filing a workers’ compensation claim or for reporting a workplace injury or illness. Unfortunately, it can be challenging to prove why you were fired or laid off.
You may ask why you are being fired, but you may not always get honest answers. An employer may allege your work performance has suffered or may offer other reasons for terminating your employment. It is unlikely the company will tell you your work termination has anything to do with your workers’ compensation claim.
If you have reported a work injury and have been fired, contact My Comp Lawyers for a free consultation. Our legal team can seek out evidence that you were wrongfully terminated and can work to protect your benefits.
How Can I Protect Myself From Being Fired for Filing a Workers’ Compensation Claim?
An important way to protect yourself is to report any work injuries and incidents immediately and to get a medical evaluation of your condition. If you are injured at work and don’t report the injury, you may lose your job if your unreported injury causes your work performance to suffer. If you properly report the injury and file a claim, you may get benefits and you may have more grounds for filing a workers’ compensation retaliation suit against your employer if you are wrongfully terminated after your injury.
If you are fired for filing a claim for a workplace injury, you may be able to launch a court case. You will need to prove a causal link between your firing and your workers’ compensation claim. There are precedents for these situations which could help your case. In 1998, in the case of Shick v. Shirey, the Supreme Court of Pennsylvania decided a worker could pursue a claim against an employer if that employer fired a worker for filing a workers’ compensation claim. Other employees have won after a wrongful firing.
Can My Employer Fire Me for Filing Workers’ Comp?
The only time you may lose workers’ compensation benefits after being fired from a job is if you willfully violated rules your workplace or employer established. If your employer or insurer is trying to claim this is the case, contact My Comp Lawyers to discuss your rights. Attorneys at My Comp Lawyers may be able to gather testimony and witness accounts to support your version of events and to ensure your workers’ compensation benefits are not wrongfully suspended.
The legal team at My Comp Lawyers can also help you understand whether you qualify for other benefits, such as FMLA leave (Family Medical Leave Act).
How Will Being Fired After a Workman’s Comp Claim Affect My Benefits?
Even if your employer does fire you from your job, you have the right to get full workers’ compensation benefits. In Pennsylvania, your workers’ compensation coverage starts when your employment starts, so when you sustain your injury you are fully covered — regardless of what happens to your work situation after your claim. If an insurer or employer wrongfully tries to withhold or delay workers’ compensation because your employment was terminated after you reported your injury, contact My Comp Lawyers immediately for legal help.