Losing your job while you’re already hurt can feel like being knocked down twice. You may be worried about your paycheck, your health insurance and whether your workers’ comp checks will stop too. Philly Injury Lawyer helps injured workers protect their benefits after a firing, and we look closely at whether the firing itself was illegal.
Firing You for Filing a Claim Is Illegal
Pennsylvania courts have made it clear that an employer can’t fire you because you filed a workers’ comp claim. If that’s what happened, you may have a separate retaliation claim against your employer for lost wages and other damages.
Retaliation is rarely admitted. Signs we look for include:
- You were fired soon after reporting your injury or filing a claim
- Your reviews were good until you got hurt
- Your boss made comments about your claim or your “attitude”
- You were treated differently than co-workers who did the same thing
What Happens to Your Benefits
Being fired doesn’t automatically end your workers’ comp. In most cases:
- If you were totally disabled and out of work, your benefits continue.
- If you were on light duty and were let go for reasons unrelated to bad conduct, such as layoffs or the job ending, your wage benefits can increase again.
- If you were fired for serious misconduct, the insurer may try to suspend wage benefits. That is often contested, and the facts matter.
Your medical benefits for the work injury continue no matter what.
What to Do Now
- Ask for the reason for your firing in writing.
- Keep copies of performance reviews, texts and emails.
- Don’t sign a separation agreement or release before we review it. Some agreements try to give up your workers’ comp rights.
- Apply for unemployment if you’re eligible. It can affect, but doesn’t always end, your comp benefits.
Fired After a Work Injury? Call Us
Call (215) 735-4800 for a free consultation. We Win or It’s Free®.
Frequently Asked Questions
Can my employer fire me while I’m out on workers’ comp?
Pennsylvania is an at-will state, so employers can fire for many reasons, but not because you filed a comp claim. Your benefits usually continue either way.
Will I lose my health insurance?
You may lose employer health insurance, but your work injury treatment is still paid by workers’ comp. You may also qualify for continued coverage or other insurance.
Can I collect unemployment and workers’ comp?
Sometimes, for different periods or with an offset. Talk to us before you apply so the two don’t work against each other.
Pennsylvania Law in Plain English
Pennsylvania courts recognize a claim for wrongful discharge when an employer fires a worker for filing a workers’ comp claim. Separately, under the Workers’ Compensation Act, your right to benefits depends on your injury and your ability to earn, not on whether you still work for the same company.
