Can I Be Fired By My Employer In Retaliation For Reporting A Workplace Injury Or Accident?

by admin on May 24, 2012

In general, yes. But at the end of the day, you have the law on your side. Here’s what I mean.

Because Pennsylvania is considered to be an “at-will” employment state, employers can generally fire an employee for any reason at all or no reason whatsoever. There are certain limitations to this at-will status, such as union contract provisions that require a specific basis for termination, and an employer cannot fire you for any illegal grounds (age, race, gender, etc).

Your job may also be under the protection of the Family Medical Leave Act, if you qualify for it. In 1998, there was a case in the Pennsylvania Supreme Court that determined that an employer who terminates an employee for filing a workers’ compensation claim can be legally sued for wrongful termination.

An employee who can establish that they were wrongfully terminated is still legally entitled to workers’ compensation wage loss benefits. In certain circumstances where an employee has returned to work with limitations or is currently off work due to a work-related injury, employers might potentially look for reasons to fire that employee in retaliation for filing for workers’ compensation.

But here’s my point….if you are seriously hurt at work, and it could potentially limit you from working in the future, whether at your current employer or any other, you have rights and should take advantage of our workers comp laws. It’s the only way to protect you….and your family.

If you would like to speak to workers compensation attorney for free, call Calhoon & Associates at 1-877-291-9675.

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