Can You Be Fired for Filing a Workers’ Compensation Claim in Pennsylvania?
If you were fired after filing a workers’ compensation claim following your work-related injury or illness, you are probably wondering, “Did my employer fire me legally or was it retaliation?” This is a good question to ask a knowledgeable Harrisburg workers’ compensation lawyer.
Can Your Employer Fire You for Filing a Workers’ Compensation Claim in Pennsylvania?
Can a Pennsylvania employer fire an employee for filing a workers’ compensation claim? The short answer is “no.” It is prohibited by Pennsylvania’s workers’ comp law to fire employees in retaliation for:
- Reporting a workplace injury or illness;
- Filing a workers’ compensation claim;
- Winning a claim; or
- Receiving workers’ comp benefits.
However, it can be difficult to prove that your employer fired you for pursuing a workers’ comp claim as you could have been fired for any other reason or no reason at all. While you can ask your employer to provide a reason for the termination of your employment, it is unlikely that your employer is going to tell you the truth that your firing has anything to do with your workers’ comp case.
If you think that you were fired for filing a workers’ compensation claim, contact an experienced attorney in Harrisburg to gather evidence to prove that you were wrongfully terminated.
How Can You Prove That You Were Wrongfully Terminated in Pennsylvania?
Employers in Pennsylvania understand that it is illegal to retaliate against an employee who filed a workers’ comp claim. That is why your employer can make it look as if you were fired for a legal reason (e.g., the employer was not satisfied with your work performance). However, a skilled workers’ comp attorney may be able to help you prove that you were wrongfully terminated. You can prove wrongful termination if:
- You worked for the employer and are eligible for workers’ comp benefits due to a work-related injury or illness;
- You reported your injury or illness and filed a workers’ compensation claim;
- Your employer fired you or laid you off after you filed the claim; and
- The reason for the firing was your workers’ compensation claim.
Note: It is vital to protect yourself from being fired for filing a workers’ comp claim. This can be done by reporting your work-related injury or illness immediately. Also, you need to seek medical attention to get a medical evaluation of your condition to protect yourself from potential wrongful termination.
Why You Need a Harrisburg Workers’ Compensation Lawyer
Handling two cases simultaneously – the workers’ comp case and your potential retaliation termination lawsuit – can be tough, especially for someone who is trying to recover from an injury or illness and get back on their feet. That is why it is vital to be represented by a knowledgeable and detail-oriented lawyer to help you prove that you were wrongfully terminated for pursuing a workers’ comp claim.
Speak with our Harrisburg workers’ compensation lawyers at Ira H. Weinstock, P.C., to prepare your workers’ comp claim and prove that you were wrongfully terminated in Pennsylvania. Call at 717-238-1657 to receive a consultation.