Getting Fired While On Workers Compensation: Pennsylvania Wrongful Termination
Let’s talk about Joe. Joe worked for company ABC for several years. One day he slipped and fell at work and hurt his shoulder. He was out for 5 months and when he came back on light duty his employer fired him. ABC said he was fired because he showed up late one day. Joe thinks he was fired because he had started a workers compensation case against them.
What options does Joe have?
An employer cannot fire you for filing a workers’ compensation claim. This is called retaliatory discharge. If you were hurt at work and got fired because you filed a workers’ compensation claim you may be entitled to further damages. To prove retaliatory discharge, the following must be met:
- The worker was an employee eligible for workers compensation
- The worker filed a claim or otherwise initiated the compensation process
- The employer terminated, threatened to terminate or otherwise caused harm to the employee
- The termination was caused by the employee’s initiating the workers’ compensation process
Additionally, employers cannot fire workers who report workplace safety violations.
If you think you may have been terminated unlawfully after filing a workers’ compensation claim, it’s time to reach out to an attorney for help. We, at The Law Offices of Thomas More Holland, can help. Call us at 215-592-8080.