One of the biggest concerns we hear about when an injured worker is considering filing a workers’ compensation claim is that they are worried they’ll lose their job. The short answer is, no, you cannot be fired for filing a claim. It is unlawful to fire an employee out of retaliation, and anyone who can prove that happened, can file a civil claim again the employer for employment discrimination.
That said, in Pennsylvania, unless you are union or have an employment contract, you are an “at-will” employee. This means, your employer can fire you for a multitude of other reasons including poor work performance, company restructuring or tough times leading to layoffs.
It is important to keep documentation of all evidence related to your injury and your employment in the event you will be filing for workers’ compensation. Be sure to print emails and save any paperwork that could support a potential lawsuit for employment discrimination.
If you’re considering filing a workers’ compensation claim or believe you have been fired in retaliation for filing a claim, contact us right away. There are statutory limitations for the time you can file a lawsuit, and you do not want to lose your right to file simply because you waited too long to talk to an attorney.