Can My Employer Fire Me if I am Unable to Work Because of an Injury and I am Receiving WC Benefits?

Hurt on the job? If you are unable to work and you are receiving workers’ comp benefits, you may be wondering whether you will lose your job. The answer is that Pennsylvania law protects workers against retaliation for filing for workers’ comp. You can technically be fired or laid off, but it cannot have any reason at all to do with your workers’ comp claim. Our Pennsylvania workers’ compensation attorney can help protect your rights after a work injury in the Commonwealth.

Pennsylvania is an At-Will Employment State (With Limits)

First and foremost, it is important to emphasize that Pennsylvania generally follows at-will employment. An employer may terminate an employee for any lawful reason or no reason at all. That rule applies even when an employee is out of work due to injury. Workers’ compensation law does not require an employer to hold a position open indefinitely. In other words, that means it is possible to be fired (or laid off) while on workers’ comp without it being illegal.

Know the Limits: You Cannot Be Fired Because You Filed for or are Receiving Workers’ Comp

The limits matter. However, at-will employment does not permit retaliation. Under Pennsylvania law (77 P.S. § 481(b)), an employer cannot fire, discipline, or penalize a worker because they filed a workers’ compensation claim or sought benefits. Retaliatory motive transforms an otherwise lawful termination into an illegal one.

Retaliation for Filing a Workers’ Comp Claim Is Prohibited

Pennsylvania recognizes a cause of action for wrongful discharge when an employer terminates an employee in retaliation for exercising workers’ compensation rights. The protected activity includes reporting a work injury, filing a claim, and receiving benefits. It should be noted that retaliation claims focus on motive. Courts examine timing, employer statements, shifting explanations, and disparate treatment. A termination shortly after a claim filing strongly suggests that it might be retaliation, especially if the employer does not otherwise have a compelling reason to justify their decision. These cases should be investigated by an experienced Pennsylvania attorney.

Termination Does Not End Workers’ Compensation Benefits

Losing your job (whether lawfully or unlawfully) does not end entitlement to workers’ compensation benefits in Pennsylvania. Instead, your benefits depend on disability status and medical evidence, not employment status. If you remain unable to work due to the injury, wage-loss benefits may continue. Employers and insurers sometimes use termination to pursue modification or suspension of benefits, arguing job availability or voluntary withdrawal from the workforce. These arguments require proof. In other words, a termination alone does not defeat a claim.

Call Our Pennsylvania Workers’ Comp Attorney Today

At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania work injury lawyer is a strong, experienced advocate for worker rights. Do you have questions about a workers’ comp retaliation case? We can help. Contact us today for your free case review. From our law offices in Gettysburg and Chambersburg, our attorneys handle workers’ comp cases throughout the Commonwealth.