Can I Get Fired Because I Am Receiving Workers’ Compensation Benefits?
If you are receiving workers’ compensation benefits in Pennsylvania, you are protected against retaliation. It is illegal for an employer to fire an employee simply because they filed a workers’ compensation claim or are receiving benefits.
Understanding these protections is critical if you are injured and unable to work.
What Is Workers’ Compensation Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. In Pennsylvania, filing a workers’ compensation claim is a protected activity.
Examples of unlawful retaliation may include:
- Termination after filing a claim
- Demotion or reduction in hours
- Harassment or disciplinary action tied to the claim
- Threats related to seeking benefits
Pennsylvania law does not allow employers to punish workers for asserting their rights.
Pennsylvania Law Protects Injured Workers
The Supreme Court of Pennsylvania made this protection clear in Shick v. Shirey, 716 A.2d 1231 (Pa. 1998).
In that decision, the Court held that firing an employee for filing a workers’ compensation claim violates Pennsylvania public policy. While Pennsylvania is an at-will employment state, employers may not terminate workers for exercising their right to workers’ compensation benefits.
This protection applies even if:
- The claim is ongoing
- The employee is unable to return to work
- The employer disputes the claim
How to Prove Workers’ Compensation Retaliation
Retaliation cases are fact-specific. To succeed, an injured worker typically must show:
Protected Activity
You filed a workers’ compensation claim or received benefits.
Adverse Employment Action
Your employer terminated you or took other negative action against you.
Causal Connection
There is a link between your workers’ compensation claim and the employer’s action. This may be shown through timing, statements by supervisors, or inconsistent explanations.
Retaliation does not always occur immediately. Delayed action can still be unlawful.
Get Help If You Were Fired After Filing a Workers’ Comp Claim
If you believe you were fired or punished because you filed for workers’ compensation, you may have legal options.
At Schmidt, Kirifides, Rassias & Rio, we represent injured workers throughout Delaware County and surrounding areas in workers’ compensation and retaliation matters.
To speak with a certified workers’ compensation lawyer, call 610-892-9300 or contact us online for a free consultation.