One of the most common fears injured workers have is losing their job after filing a workers’ compensation claim. The short answer: yes, your employer can fire you while you are receiving workers’ compensation benefits in Pennsylvania — but they cannot fire you because you filed a claim. Pennsylvania law prohibits workers’ compensation retaliation, and if your employer crosses that line, you may have a separate legal claim on top of your workers’ comp case.
Pennsylvania’s Anti-Retaliation Protection for Injured Workers
Section 1122 of the Pennsylvania Workers’ Compensation Act makes it illegal for an employer to discharge, threaten, or discriminate against an employee because they filed a workers’ compensation claim, testified in a workers’ compensation proceeding, or exercised any other right under the Workers’ Compensation Act. This protection applies to all employees covered by Pennsylvania workers’ compensation — which is virtually all workers in the state.
If your employer retaliates against you, they may be liable for damages including lost wages, reinstatement to your position, attorney fees, and additional penalties.
What Counts as Retaliation?
Retaliation does not have to be an outright termination to be illegal. Retaliation includes any adverse employment action taken because you filed or pursued a workers’ compensation claim:
- Termination or firing
- Demotion to a lower position or pay grade
- Reduction in hours or pay
- Denial of promotion or benefits you would otherwise have received
- Hostile work environment designed to pressure you into resigning
- Threats related to your workers’ compensation claim
- Reassignment to less desirable duties in response to your claim
How to Prove Workers’ Compensation Retaliation in Pennsylvania
The most important element in a retaliation case is timing and connection. To establish retaliation you generally need to show that you filed or pursued a workers’ compensation claim, that your employer took an adverse action against you, and that there is a connection between the two — typically shown through the timing of the adverse action relative to when you filed or the employer learned of your claim.
Employers rarely admit to retaliating. They typically offer a stated reason for the termination or adverse action — poor performance, restructuring, absenteeism. A retaliation claim requires investigating whether the stated reason is pretextual and whether the real motivation was your workers’ comp claim. This is why documenting everything from the moment you are injured is critical.
What to Document if You Suspect Retaliation
- The date you reported your injury and to whom
- The date you filed your workers’ compensation claim
- Any comments made by supervisors or management about your claim or injury
- Any changes in your treatment at work after you filed — scheduling changes, performance reviews, reassignments
- Any written communications (emails, texts, HR notices) that reference your injury or claim
- Performance reviews from before your injury to compare against any post-injury reviews
- Witness names of coworkers who observed retaliation or heard retaliatory comments
Can My Employer Fire Me While I’m on Workers’ Comp?
Yes — but only for a legitimate, non-retaliatory reason. Pennsylvania is an at-will employment state, meaning employers can generally terminate employees for any reason or no reason, provided the reason is not illegal. Terminating someone because they filed a workers’ compensation claim is illegal. Terminating someone for a genuine, pre-existing performance issue that happens to coincide with a workers’ comp claim is more complicated — and these cases often require a full investigation of the employment history to untangle.
Importantly, being terminated does not end your right to workers’ compensation benefits. If you were receiving wage loss or medical benefits at the time of termination, those benefits continue as long as you remain disabled from the work injury — your employment status does not affect your entitlement to workers’ compensation benefits for the underlying injury.
Workers’ Comp Retaliation vs. Wrongful Termination
A retaliation claim under the Pennsylvania Workers’ Compensation Act is separate from a general wrongful termination lawsuit. The WCA retaliation claim is specific to actions taken because of your workers’ compensation filing. There may also be overlap with federal or state anti-discrimination laws if your employer’s conduct involves disability discrimination under the ADA or Pennsylvania Human Relations Act. An experienced attorney will evaluate all potential claims from the same set of facts.
What Should I Do If I Think My Employer Retaliated Against Me?
Contact an attorney immediately. Retaliation cases are time-sensitive — there are deadlines for filing claims and evidence disappears quickly. Do not resign in response to a hostile work environment without speaking with an attorney first, as a resignation may affect your ability to pursue a retaliation claim. Continue receiving your workers’ compensation benefits and follow your treatment plan regardless of your employment status.
At Lerner Steinberg & Associates, we have represented workers throughout Bucks County and southeastern Pennsylvania for over 34 years — including workers whose employers have retaliated against them for filing workers’ compensation claims. If you believe you have been fired or punished for filing a claim, contact us for a free consultation.
Frequently Asked Questions
Can my employer fire me for filing workers’ comp in Pennsylvania?
Your employer cannot legally fire you because you filed a workers’ compensation claim. Pennsylvania’s Workers’ Compensation Act prohibits retaliation against employees for filing claims or exercising rights under the Act. However, employers can terminate employees for legitimate, non-retaliatory reasons even while they are receiving workers’ comp benefits. If you were fired shortly after filing a claim, or if your employer made comments connecting your termination to your claim, speak with an attorney immediately.
Do I keep my workers’ comp benefits if I get fired?
Yes. Being terminated does not end your right to workers’ compensation benefits for a work injury that occurred while you were employed. If you were receiving wage loss or medical benefits at the time of termination, those benefits continue as long as you remain disabled from the work injury. Your employment status does not affect your entitlement to compensation for the underlying injury.
How long do I have to file a workers’ comp retaliation claim in Pennsylvania?
The statute of limitations for a workers’ compensation retaliation claim in Pennsylvania is three years from the date of the adverse employment action. However, you should act as quickly as possible — evidence disappears, witnesses become unavailable, and the longer you wait, the harder it is to establish the connection between your claim filing and your employer’s retaliatory action. Contact an attorney as soon as you experience or suspect retaliation.
What if my employer claims they fired me for a different reason?
Employers almost never admit to retaliatory motives. They typically offer a stated justification — performance, attendance, restructuring — for the termination. A retaliation claim requires showing that the stated reason is pretextual and the real motivation was your workers’ compensation claim. This is established through timing evidence, inconsistencies in the employer’s stated reason, comparisons to how similarly situated non-injured employees were treated, and any statements made about your injury or claim. An attorney experienced in retaliation cases knows how to build this evidence.
