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Q

Can I get laid off while I’m on workers’ compensation leave?

A

As a rule, employers cannot lay you off from a job merely because you are on workers’ compensation leave. Pennsylvania employment laws protect individuals from losing their job while they recover from injuries sustained in the workplace. However, there are caveats to this law. Read on to learn how you may be affected.

Reduction in Workforce

If your company downsizes and you would have lost your job whether you were on leave or working full time, then you could face termination. While this is more often than not the rule, there are certainly exceptions that may protect your position and it is important to notify your attorney of any communications with your employer. If you feel you were targeted for a lay off because you were on workers’ compensation, then you have grounds to file suit for unlawful retaliation.

Protection for Employees

Employers are not allowed to harass, fire, demote, lay off or otherwise interfere with an employee simply because they filed a workers’ compensation claim. That being said, if you performance was poor, or there were previous grounds to terminate, you may not always be safe. If you feel that your employer is “retaliating” against your workers’ compensation claim by harassing or terminating you, be sure to talk to a lawyer immediately.

In the event you have been injured on the job, or you feel you have been unjustly laid off while on workers’ compensation leave, it’s important to know that you have options and you have rights. To learn more about the legal process for obtaining workers’ compensation benefits in Philadelphia, call our experienced legal team today. Your first consultation is free and we will help you plan your next steps and understand your rights under Pennsylvania law. Call us today at 888-807-WORK (9675).