What To Do If You Are Fired On Workers’ Comp Medical Leave

Being injured at work is almost always a stressful experience. However, when you also lose your job while recovering on workers’ compensation medical leave, it can become entirely overwhelming.

Many Pennsylvania employees are unsure of their rights in this situation. The good news is that workers’ compensation benefits are designed to protect injured employees even if their employer terminates them. However, there are important limits and legal steps you should know about.

An experienced Pennsylvania workers’ compensation lawyer can help you navigate this difficult situation and protect both your income and medical care. Until then, here’s what you need to know.

Can My Employer Fire Me While I Am on Workers’ Comp Medical Leave?

In Pennsylvania, employers are generally allowed to fire employees who are on workers’ compensation medical leave. Pennsylvania is considered an “at-will” employment state, which means an employer can terminate an employee at any time, with or without cause.

That said, there are two major exceptions:

• Your employer cannot fire you in retaliation for filing a workers’ compensation claim
• Your employer cannot fire you for discriminatory reasons, such as race, gender, or disability

If your termination violates either of these protections, you may have a legal claim for wrongful termination in addition to your workers’ comp benefits. An employment lawyer can help you determine your rights and options.

Will I Still Receive Workers’ Comp Benefits After Being Fired?

If you were already receiving benefits when you were terminated, you are generally entitled to continue receiving:

• Medical benefits for reasonable and necessary treatment related to your workplace injury
• Wage loss benefits if your injury prevents you from returning to your previous job or earning the same level of income

In other words, being fired does not automatically cancel your benefits. The workers’ comp insurance company is still responsible for covering your medical treatment and wage loss if you remain disabled due to your injury.

What Should I Do if I Am Fired While on Workers’ Comp Medical Leave?

If you lose your job while recovering from a work injury, you should take the following steps to protect yourself:

• Continue your medical treatment: Make sure to attend all appointments and follow your doctor’s orders so you don’t jeopardize your benefits.
• Keep evidence: Save all paperwork related to your termination, including termination letters, emails, and performance records.
• Notify your workers’ comp or employment lawyer: An attorney can ensure your benefits continue and evaluate whether you may also have a wrongful termination claim.
• Do not quit or refuse work: Quitting could hurt your eligibility for wage loss benefits, so speak with a lawyer before making any decisions.

You have legal rights and options in this scenario, so don’t lose hope about what’s to come.

Can My Employer Offer Me a New Job After Firing Me?

Sometimes, employers may offer “light duty” or modified work that fits within your medical restrictions. If you are fired and the employer later claims they had work available for you, it can complicate your benefits.

Your lawyer can challenge whether the job offer was valid or made in good faith. As a result, it’s important to get legal advice quickly if you find yourself in these circumstances.

Being terminated while recovering from a workplace injury can be frightening, but it does not mean you lose your right to workers’ comp benefits. In fact, Pennsylvania law ensures that injured workers continue receiving medical and wage replacement benefits as long as their disability persists.

If you find yourself in this situation, act quickly and contact Marzzacco Injury Law for a free consultation.

Contact the Workers’ Compensation Lawyers In Pennsylvania at Marzzacco Injury Law For Legal Help With Your Case Today

If you’ve been injured in a workers’ compensation, please contact Marzzacco Injury Law at the nearest location to schedule a free consultation today.