Can My Employer Fire Me If I Am Unable to Work Because of an Injury?

If you are receiving workers’ compensation benefits in Pennsylvania, you are protected against retaliation. An employer cannot legally fire an employee simply because they filed for or are receiving workers’ compensation benefits.

Below is an overview of what injured workers should know about workers’ compensation retaliation claims under Pennsylvania law.

What Is Retaliation?

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity.

Protected activities may include:

• Filing a workers’ compensation claim
• Seeking medical treatment for a work injury
• Participating in an investigation or legal proceeding

When an employer punishes an employee for exercising these rights, the law may provide a remedy.

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

Pennsylvania workers’ compensation law protects injured workers from retaliation.

The Pennsylvania Supreme Court made this clear in Shick v. Shirey, 716 A.2d 1231 (Pa. 1998). In that case, the Court held that terminating an employee for filing a workers’ compensation claim violates public policy.

Although Pennsylvania is generally an at-will employment state, employers cannot fire or otherwise retaliate against a worker simply because they pursued workers’ compensation benefits.

Important note: retaliation claims are separate from the workers’ compensation case itself and are typically handled in civil court.

A Word of Caution

Employers and insurance companies are aware of the protections created by Shick v. Shirey and often attempt to avoid liability.

For example:

• An employer is not required to eliminate job duties that an injured worker can no longer perform
• If an injured worker cannot meet essential job requirements after returning to work, the employer may argue termination was based on inability to perform the job, not retaliation

These situations are highly fact specific. Injured workers need realistic guidance about both their rights and the risks involved.

How to Prove Workers’ Compensation Retaliation in Pennsylvania

Retaliation claims are complex. To succeed, an employee generally must establish three elements:

• Protected Activity
  Filing for or receiving workers’ compensation benefits is a protected activity under Pennsylvania law.

• Adverse Action
  Termination is the most common example, but demotion, discipline, or harassment may also qualify. Forced resignations may also constitute adverse action in some cases.
  See: Forced resignations and workers’ compensation

• Causation
  The employee must show a connection between the protected activity and the adverse action. Timing, employer statements, and inconsistent explanations may all be relevant.

Get Help From a Delaware County Workers’ Compensation Lawyer

At Schmidt, Kirifides, Rassias & Rio, our attorneys regularly help injured workers identify and evaluate retaliation claims related to workers’ compensation benefits.

If you believe you were fired or punished for filing a workers’ compensation claim, we can help you understand your options.

Call 610-892-9300 or
request a free consultation online.

We represent injured workers throughout Delaware County and the surrounding communities.