Workers’ Comp Benefits After Termination
Being injured on the job might mean you are out of work while recovering from work-related injuries. During your time out of work, you might qualify for workers’ compensation benefits. Most employers are required to provide workers’ comp benefits under the Pennsylvania Workers’ Compensation Act.
However, what happens if your employer terminates you after a work accident in Philadelphia, PA? Can you still receive worker’s compensation benefits after termination?
The Philadelphia workers’ compensation lawyers at Zavodnick & Lasky Personal Injury Lawyers fight for the rights of injured workers every day. We’ll help you receive the benefits you are entitled to by law. Our lawyers have over 80 years of combined experience representing injured victims.
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How Our Philadelphia Workers’ Compensation Lawyers Can Help If You Have Been Terminated
Pennsylvania workers’ compensation laws prohibit employers from firing workers because they filed a workers’ comp claim. However, that does not mean your employer cannot fire you for other reasons while you are receiving workers’ comp benefits.
Our legal team at Zavodnick & Lasky Personal Injury Lawyers will work to uncover the true reason why your employer terminated you after a work injury. You could be entitled to compensation for wrongful termination if it was illegal.
When you hire our Philadelphia workers’ comp law firm to handle your case, you can expect us to:
- Explain your legal rights, including your right to receive workers’ comp benefits
- Investigate the factors that led to your termination after a work-related injury
- File claims, appeals, and other documents to protect your rights
- Pursue all legal actions available to you to receive compensation
- Document your damages to maximize recovery for claims
- File a lawsuit and fiercely advocate for you in court
Being fired after an on-the-job injury is stressful. You do not have to fight the insurance company and your employer alone. Our legal team in Philadelphia, Pennsylvania is here to help you receive the benefits you deserve. Call our law office today to schedule a free case evaluation.
Receiving Workers’ Compensation Benefits If You Cannot Work in Pennsylvania
Workers’ comp benefits include compensation for lost wages when an injury prevents you from returning to work. Typically, you can receive temporary total disability (TTD) or temporary partial disability (TPD) until your doctor releases you to return to work.
Once you fully recover from your work-related injury, your workers’ comp benefits end. However, if you sustain a permanent disability, you could be entitled to permanent disability benefits or a lump sum payment.
What Happens If My Employer Lays Me Off While I Am Receiving Workers’ Compensation Benefits?
Being laid off should not impact your workers’ comp benefits. An employer can lay off an employee who is receiving workers’ compensation benefits provided the layoff does not violate state law or an employment contract. You should continue receiving your workers’ comp benefits until your doctor clears you to return to work.
What Happens If My Employer Fires Me While I Am Receiving Workers’ Comp Benefits?
Pennsylvania is an at-will employment state. Therefore, an employer can fire an employee at any time without giving a reason, provided the termination does not violate the law or an employment contract. As with a layoff, you should continue receiving your workers’ compensation benefits until you reach maximum medical improvement and can return to work.
However, suppose your employer fires you because you were cleared for work but refused to work. Under those conditions, your workers’ comp benefits might stop.
Our Philadelphia workers’ comp attorneys will analyze the factors surrounding your termination to determine whether you should continue receiving benefits. If the insurance company refuses to pay workers’ comp benefits after termination, we can appeal the decision or pursue the matter by filing a lawsuit.
What Happens If the Termination Is in Retaliation for Filing a Workers’ Compensation Claim?
As stated above, termination of employment does not necessarily stop workers’ comp benefits. Therefore, the workers’ compensation insurance provider could continue to pay your benefits until your doctor states you can return to work.
However, firing an employee for filing a workers’ comp claim is against the law. If this happens, you could have a separate claim for wrongful termination.
Signs that a termination could be in retaliation for a workplace injury include, but are not limited to:
- Firing an employee soon after the employee reports a work injury
- Terminating employment in violation of an employment contract
- Firing a worker after the person states that they intend to file a workers’ compensation claim
- Terminating employment while the worker is out of work because of an injury
Terminating employment after a work-related injury is not conclusive evidence of wrongful termination. However, being fired after an injury at work is a reason to talk with a Philadelphia workers’ compensation lawyer to investigate the matter further.
Schedule a Free Consultation With Our Philadelphia Workers’ Compensation Lawyers
Even though you were terminated from employment, you could still be entitled to workers’ comp benefits. Call Zavodnick & Lasky Personal Injury Lawyers for a free consultation to discuss your case with one of our experienced Philadelphia workers’ compensation attorneys.