Can You Be Fired After a Workers’ Compensation Injury in Pennsylvania?

October 29, 2024 | Workers’ Compensation

Can You Be Fired After a Workers’ Compensation Injury in Pennsylvania?

A workers’ compensation injury is an injury that you suffer at your workplace. Most of the time, the workers’ compensation system will reimburse you for your medical expenses and a portion of your lost income arising from a workplace accident. It doesn’t matter whose fault your injury was–you can usually recover even if the accident was your own fault. 

You might wonder: can your employer fire you after you suffer a workers’ compensation injury? The short answer is, sometimes, subject to certain conditions and limitations.

Pennsylvania’s “At-Will” Employment System

In Pennsylvania, as in other states, your employment is “at-will” unless you have an employment contract stating otherwise. At-will employment means you can quit any time you want, for any reason you want, or for no reason at all. It also means that your employer can fire you anytime they want, for any reason they want, or for no reason at all. 

Retaliation

One restriction on at-will employment is that your employer cannot fire you for certain illegal reasons–your race, religion, ethnic background, etc. One of the illegal reasons for firing you is in retaliation for filing a workers’ compensation claim or simply because you suffered an injury (unrelated to your ability to perform your job duties). 

Such a discharge might be illegal under the federal Americans with Disabilities Act (ADA) and/or the Family and Medical Leave Act (FMLA). However, an employee must meet certain qualifications to take advantage of either of these statutes. Additionally, proving a retaliatory motive is often quite difficult.

There are other retaliatory actions that your employer might take against you, short of firing you, that are just as illegal as retaliatory discharge, including:

  • Demotion,
  • Reduction in hours or pay, or
  • Creation or encouragement of a hostile work environment.  

You can and should speak to a lawyer about any of these actions.

Reasonable Accommodation

It certainly does make sense for your employer to fire you if your workers’ compensation injury prevents you from properly performing your job duties. After all, you cannot earn your pay if you can no longer perform your work duties. 

Nevertheless, federal law requires your employer to offer you “reasonable accommodations” that would allow you to continue in your previous position. These accommodations need only be reasonable—they cannot be so onerous that they would interfere with your employer’s business.

If you cannot perform your work duties even after your employer has made reasonable accommodations, your employer may be entitled to discharge you. Not because you filed a workers’ compensation claim, mind you, but because the disability that triggered the workers’ compensation claim in the first place prevents you from performing your job duties.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that allows injured employees to take up to 12 weeks of unpaid leave for medical treatment or recovery. If you qualify for the FMLA, your employer cannot fire you for taking FMLA leave.

Termination Unrelated to Your Workers’ Compensation Claim

Imagine that you suffer an injury and file a workers’ compensation claim. Shortly thereafter, your employer “lays you off.” Laying you off doesn’t necessarily have anything to do with your workers’ compensation claim. It could be that:

  • Your employer’s business is failing, and they need to cut payroll expenses;
  • The department where you work has become redundant after a corporate merger;
  • Your position is being eliminated for reasons unrelated to your workers’ compensation claim;
  • Your performance has been substandard’ or
  • You violated company policy (by revealing confidential information, consuming alcohol on the job, etc.)

There are many reasons why your employer might “let you go” that are completely unrelated to your workers’ compensation claim. If the timing is suspect (your termination coincided with your workers’ compensation claim), these reasons might be excuses, and you might have a viable claim for wrongful termination. 

Damages for Retaliatory Discharge

If you sue for retaliatory discharge and win, you may qualify for the following damages:

  • Back pay,
  • Reinstatement (employees seldom take advantage of this option),
  • Front pay (instead of reinstatement) in the form of future lost wages,
  • Lost benefits, such as health insurance and IRA contributions, and
  • Non-economic damages for emotional distress.

These damages can add up to a substantial sum.

A skilled and experienced Pennsylvania employment lawyer can not only challenge your employer’s decision to fire you but also make sure you receive every penny of workers’ compensation benefits that you qualify for. If you’ve been injured in a workers’ compensation, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963