Can I Get Fired Because I am Receiving WC Benefits and Unable to Work?

Are you receiving workers’ compensation benefits in Pennsylvania? You are protected against retaliation. It is illegal for an employer in Pennsylvania to fire an employee simply because they have filed for or are receiving workers’ compensation benefits. Within this article, our Delaware County workers’ compensation attorney provides an overview of the key things to know about workers’ comp and retaliation claims.

What is Retaliation?

As an employee, your rights only exist to the extent that you can exercise them. Several different federal and state regulations protect workers who engage in protected activities. Illegal retaliation occurs when an employer takes adverse action against an employee as punishment for engaging in a legally protected activity. Protected activities can include filing a complaint, participating in an investigation or, as in this case, seeking workers’ comp benefits.

Pennsylvania Law: You Cannot Be Fired for Filing for Workers’ Compensation Benefits

Pennsylvania workers’ compensation law protects workers against retaliation. In other words, you cannot be fired or otherwise punished for filing for or receiving workers’ comp benefits. The Supreme Court of Pennsylvania made that clear in the 1998 case of Shick v. Shirey, 716 A. 2d 1231.

The Commonwealth’s highest court held that firing an employee for filing a workers’ compensation claim violates public policy. While Pennsylvania follows an at-will employment doctrine—meaning that employers can terminate employees for any lawful reason or no reason—they cannot fire or otherwise discharge a worker simply because he or she filed for workers’ compensation.

How to Prove Workers’ Comp Retaliation in Pennsylvania

Workers’ comp retaliation claims are complicated. How do you prove that your rights were violated? Here are three elements that employees in Pennsylvania should be prepared to establish:

Protected Activity: To succeed in a retaliation claim, you must first establish that you engaged in a protected activity. In this context, seeking workers’ compensation benefits is protected under Pennsylvania law.

Adverse Action: Next, you must show that your employer took an adverse action against you. Termination is one of the most common examples of adverse action. However, there are other examples as well, including demotion and harassment.

Causation: Finally, you need to prove causation, which means you must establish a direct link between your protected activity and the adverse action taken by your employer. Evidence of causation includes timing and direct statements made by your supervisor/employer.

Get Help from Our Delaware County Work Injury Lawyer

At Schmidt, Kirifides & Rassias, our Delaware County workers’ compensation attorney has the knowledge, skills, and experience to handle retaliation claims. If you were fired because you filed for workers’ comp, we are here to help. Contact our legal team today for a no-cost, no-strings-attached case evaluation. With a law office in Media, PA, we provide workers’ compensation representation in Delaware County and other communities.