Being Fired While On Workers Compensation

In new york it is illegal for your employer to fire you in retaliation for filing a workers compensation claim.

Being fired while on workers compensation.

There is a fine line in the legality of firing an employee while on workers compensation. An experienced workers compensation attorney can help you in handling a termination while on workers compensation leave. That means that your employer can t fire you simply because you filed a claim. While you cannot be terminated simply because of a worker s compensation claim it is possible to be terminated while you have an open worker s compensation claim.

However there are valid and legal reasons for dismissing an employee while on workers compensation. Fired after a workers comp claim. The protections from the family medical leave act fmla often are applied at the same. Of course your employer may not be firing you in retaliation for filing a claim if your employer is laying off many people it is possible it is not retaliation.

While terminating an employee who has filed a workers compensation claim is not outright prohibited employers must take great care to avoid a situation where it is deemed that an employee was fired because of the workers compensation claim. While the state requires all employers to provide workers compensation insurance to their employees the cost of that insurance is borne by the employers alone. The short answer is that pennsylvania is an at will employment state meaning that an employer can terminate the employment relationship at any time except for specific reasons discrimination such as age race religion sexual orientation. And the family medical leave act fmla while you can be fired while on workers compensation employees who are covered by the family medical leave act of 1993 receive up to 12 weeks of unpaid job protected leave.

Employers are otherwise free to fire injured employees while they are out on workers comp leave. Avoiding workers comp costs. If you are fired while you are receiving treatment you should be suspicious that your employer is terminating you because of your workers compensation claim. Being fired while on workers comp.

Can you be fired while out on workers compensation. That would be illegal retaliation which is prohibited by workers comp laws. However in most states the protection ends there. Following an on the job injury there are many aspects of the relationship between the employer and employee that suddenly change.

The employer may immediately terminate the injured worker or may wait until after a claim has been filed. However that doesn t mean that you can t be fired while you have an open workers compensation file.