Many times, injured workers elect not to file for worker' compensation or decide against fighting a denied claim based on the fear that they will anger their employer and will end up losing their job.
In the state of Pennsylvania, employers can fire an employee for any reason as long as the decision is not based on a violation of federal and state laws. For example, firing somebody because of their race, religion, or a disability. Therefore, it is illegal for an employer to fire somebody just because they have filed a workers' comp claim against the company.
Another common question that comes up is that, if you have been injured on the job, are seeking regular treatments, and are also continuing to work, can your employer fire you for scheduling your treatments during working hours.
The quick answer to this is no, your employer cannot fire you for this reason. However, it is worth mentioning that, for the sake of being professional and not trying to create any unnecessary problems, you should make an effort to schedule all appointments to take place on your own time. However, if you encounter a situation where treatments can only occur during working hours, your employer is required to allow you to miss work for these appointments. However, there will be issues over payment of wages and possible partial disability benefits for the earnings loss due to medically required treatments that cause an earnings loss in any particular work week. For situations such as these, it is best to consult with a workers' compensation attorney if you have any questions.
If you live in the Harrisburg, York, or Lancaster area and have been fired and you think it may be related to your Pennsylvania workers' comp claim, or if you have been injured on the job and need representation, contact PaWorkersCompHelpNow at 877-COMPHELP for a free consultation.