Filing for workers’ compensation in Pennsylvania is a legal right—not a reason to lose your job. But can your employer fire you for doing so? Here's what you need to know.
PA Workers' Compensation: Your Right to Report a Workplace Injury
In Pennsylvania, employees who suffer a work-related injury or illness are entitled to file a workers’ compensation claim. This system is designed to cover medical expenses, lost wages, and rehabilitation services without needing to prove employer fault. Importantly, it’s illegal for an employer to retaliate against a worker simply for exercising this right.
Under the Pennsylvania Workers’ Compensation Act, employers are prohibited from discriminating or retaliating against employees who report injuries or file claims. However, the law does not provide absolute job protection—which creates confusion about when and why someone might be fired after filing.
Can You Be Terminated While on Workers’ Comp in PA?
At-Will Employment and Workers’ Comp Claims
Pennsylvania is an at-will employment state. That means an employer can fire a worker at any time, for any reason—or no reason at all—unless that reason is illegal. Filing a workers’ compensation claim is protected activity. Termination that is motivated by retaliation for filing such a claim can be grounds for a wrongful termination lawsuit.
Still, not every firing after a workers’ comp claim is illegal. For instance:
- If your position is eliminated in a company-wide layoff, the employer may have a legitimate reason unrelated to your claim.
- If you were already under disciplinary review, they could claim the firing was unrelated.
- If your injury prevents you from performing essential job duties and no reasonable accommodations can be made, termination may be permitted under certain conditions.
Proving Retaliation Isn’t Always Easy
If you suspect your employer fired you because you filed a claim, you’ll need more than suspicion. Courts typically look for:
- Timing – Were you fired soon after filing?
- Patterns – Has the company done this to others?
- Pretext – Is the stated reason for termination inconsistent or unsubstantiated?
In many cases, workers face pressure to resign, are demoted, or are treated differently after filing—forms of constructive retaliation that may also support a legal claim.
What Legal Protections Do Injured Workers Have in Pennsylvania?
Anti-Retaliation Framework
While Pennsylvania law doesn’t include an explicit anti-retaliation provision in its Workers’ Compensation Act, courts have allowed wrongful discharge lawsuits under a public policy exception to at-will employment. That means if you're fired for asserting a legal right—like filing a workers' comp claim—you may have grounds to sue.
Federal laws may also apply. For example, if your injury is classified as a disability under the Americans with Disabilities Act (ADA), you may be entitled to accommodations or protection from discriminatory termination.
Additionally, the Family and Medical Leave Act (FMLA) may provide job-protected leave for certain workers recovering from serious injuries, though FMLA eligibility depends on employer size and length of employment.
How to Protect Yourself After Filing a Workers' Compensation Claim in Florida
Document Everything
- Keep a written record of your injury, claim filing date, and all conversations with supervisors or HR.
- Save emails or notes that reflect changing treatment after your injury.
- Maintain performance reviews and other documents that may show whether a firing was sudden or pretextual.
Avoid Voluntary Resignation Unless Advised by Counsel
Some employers may pressure workers to resign—whether through informal comments or formal settlement offers. Don’t agree to anything without legal advice. Quitting may limit your eligibility for continued wage-loss benefits and weaken your retaliation claim.
What Should You Do If You’re Fired After Filing a Workers' Comp Claim?
Consult an Employment or Workers’ Compensation Attorney Immediately
You only have limited time to act. Pennsylvania generally allows 180 days from the alleged act of retaliation to file with the Pennsylvania Human Relations Commission (PHRC) or 300 days for federal EEOC complaints. A lawyer can help you:
- Assess whether the termination was legal or retaliatory
- File for unemployment or additional workers’ comp benefits
- Pursue a wrongful discharge claim if applicable
Filing a Retaliation Claim
A retaliation lawsuit may entitle you to:
- Reinstatement to your job
- Back pay and benefits
- Compensatory and punitive damages, depending on the facts
- Legal fees and costs
Keep in mind, though, retaliation claims can be difficult to prove. The sooner you gather evidence and legal support, the better your odds of success.
Don’t Let Fear Stop You From Filing for Workers' Compensation
It’s understandable to feel nervous about how filing a workers’ compensation claim might affect your job. But your health and recovery should come first. Employers carry workers’ compensation insurance for a reason—it’s not a favor; it’s a legal obligation. Filing a claim is not a betrayal of loyalty; it’s a necessary step to secure the medical care and income protection you need to heal.
Conclusion
You cannot be legally fired for filing a workers’ compensation claim in Pennsylvania. But you can be fired while on workers’ comp for other, non-retaliatory reasons. If you believe your termination was based on retaliation, act quickly—document your case and speak with an attorney who understands both employment and workers’ compensation law. The law is on your side, but proving wrongful termination requires swift, strategic action.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Pennsylvania's Workers Compensation Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.