Pennsylvania Wrongful Termination & Workers’ Compensation Laws

Being injured on the job is stressful. You only receive a portion of your lost wages as workers’ comp benefits while you are out of work. As a result, you may be worried about your job and whether you can return to work.

When an employer fires an employee for filing a workers’ compensation claim or reporting an injury at work, the employee might have a wrongful termination claim against the employer. If you believe you were wrongfully terminated after a work-related injury, you need experienced legal representation to prove wrongful termination.

The Harrisburg workers’ compensation lawyers at Marzzacco Niven & Associates can help. We have over 120 years of combined legal experience representing injured workers. Let us fight to protect your rights and get justice for you.

Contact our law firm to schedule a free consultation to discuss your case with an experienced workers’ compensation attorney in Harrisburg, PA. Call us today at (717) 231-1640.

How Our Harrisburg Workers’ Comp Lawyers Help You With a Wrongful Termination Claim 

How Our Harrisburg Workers’ Comp Lawyers Help You With a Wrongful Termination Claim

It can be difficult to prove that your employer fired you because you filed a workers’ comp claim in Harrisburg, Pennsylvania. Unfortunately, employers often conceal the real reason they fire an injured worker to avoid being sued for wrongful termination. However, we know how to uncover the truth and hold employers responsible for their wrongful acts.

When you hire Marzzacco Niven & Associates to handle your case, you can expect us to:

  • Investigate the reason why you were fired and gather evidence supporting your claim of wrongful termination
  • Explain your legal rights and help you weigh your options 
  • File all claims and documents with agencies and courts to protect your right to pursue all available legal actions
  • Negotiate with your employer to resolve the wrongful termination claim to avoid litigation
  • File a lawsuit and advocate for your rights in court, if necessary

Your time to file claims regarding a wrongful termination is limited. Delays in seeking legal advice could result in the loss of legal rights. Call now for a free consultation to discuss how our Harrisburg workers’ compensation lawyer can help you. 

Firing an Employee for Filing a Workers’ Compensation Claim Is Prohibited by Law

Pennsylvania’s Workers’ Compensation Act prohibits employers from firing an employee in retaliation for filing a workers’ comp claim. It also prohibits an employer from firing an employee because they report a workplace accident, injury, or illness.

Unfortunately, Pennsylvania is an at-will employment state. If you are an at-will employee, your employer can fire you anytime without providing a reason as long as the termination is not against the law. 

Therefore, many employers hide the real reason they fire an injured employee. The employer might fabricate a reason for the termination that does not have anything to do with the injury or workers’ comp claim. 

However, be suspicious if you are injured at work and your employer:

  • Fires you immediately after you report an injury or file a workers’ comp claim
  • Terminates your employment after you say that you intend to file a claim for workers’ comp benefits
  • Fires you in violation of an employment contract after a workplace accident
  • Terminates your employment while you are out of work healing from a work injury and collecting workers’ comp benefits

Unfortunately, merely firing an injured employee is insufficient proof of wrongful termination. You need an experienced legal team to investigate the termination.

Our legal team gathers evidence that proves your employer violated the law by terminating. We work to prove the sole reason for firing you was that you were injured at work and/or filed a workers’ comp claim.

How Can You Prove Wrongful Termination for Workers’ Compensation? 

Proving that your employer wrongfully terminated you because of a workers’ comp claim requires that you prove that the reason for the layoff or firing was your workers’ comp claim. Evidence that could support a wrongful termination claim includes, but is not limited to:

  • Your employer fired you immediately or soon after your workplace injury
  • Your employment record shows positive reviews, especially if you have a recent review that does not contain any negative remarks
  • Your employer tried to discourage you from filing a workers’ compensation claim or offered to pay your medical bills “under the table”
  • No one else was laid off or fired 
  • Your employer tried to convince you that your injury did not qualify for workers’ compensation
  • The individuals who decided to fire you made negative comments about your injury or workers’ comp claim
  • The reason given for the termination does not align with past performance reviews and your current situation 

During our investigation, we might interview witnesses and request employment documentation from your employer. Because what you say could impact the outcome of your case, it is best to contact our office immediately after being fired instead of confronting your employer. We will handle the investigation for you. 

You can continue receiving workers’ comp benefits after your employer fires you. Notify our office immediately if your benefits are terminated. We will also work on an action to restore your workers’ comp benefits.

Schedule a Free Consultation With Our Harrisburg Wrongful Workers’ Compensation Attorneys 

You need to focus on recovering from your injuries. Let us focus on the legal actions to recover compensation for the damages caused by wrongful termination. Contact our law firm to schedule a free consultation with one of our experienced Harrisburg workers’ compensation lawyers. 

Our Team Of Workers’ Compensation Attorneys At Marzzacco Niven & Associates Can Help In Any City In Pennsylvania

If you’ve been injured in Pennsylvania, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today: