Fired or Retaliated Against After a Work Injury in Pennsylvania? Know Your Rights
A Complete Guide
Can my employer fire me for filing a workers' comp claim?
No. Pennsylvania is generally an at-will employment state, which means employers can usually end employment for many reasons, or no reason at all. But Pennsylvania courts have recognized that firing an employee in retaliation for filing a workers' compensation claim violates public policy and can support a wrongful discharge claim.
What counts as retaliation?
Retaliation is not always a termination. It can include demotion, a cut in hours or pay, reassignment to a worse shift or position, unwarranted discipline, or pressure not to report an injury or file a claim. Timing often matters: adverse treatment that begins shortly after an injury report can be an important sign.
Can I be fired while I'm out on workers' comp?
An employer is not always required to hold your job open indefinitely, and it may have legitimate business reasons for a decision. But being let go does not by itself end your right to workers' compensation benefits for a work injury. In many cases, wage-loss and medical benefits can continue after employment ends. How a termination affects benefits depends on the circumstances, including whether suitable light-duty work had been offered.
Are there other protections?
Possibly. Depending on the employer and the injury, federal and state laws may also apply. The Family and Medical Leave Act can protect job-protected leave for eligible employees. Disability laws, including the Americans with Disabilities Act and the Pennsylvania Human Relations Act, may require reasonable accommodations for an injury that limits your ability to work. Union members may also have rights under a collective bargaining agreement. Learn more about our labor and employment law practice.
What should I do if I think I'm being retaliated against?
Write down dates, what was said, and who said it, as soon as possible after each event
Keep copies of performance reviews, schedules, pay stubs, and any discipline
Save emails and text messages related to your injury and your job
Keep following medical restrictions and attending appointments
Avoid signing a resignation, release, or settlement document before understanding what it means
Does it matter if a third party caused my injury?
It can. If someone other than your employer caused the injury — a negligent driver, another contractor, or a defective product — you may have a separate injury claim in addition to workers' comp and any employment claim. See workers' comp vs. a third-party claim.
How long do I have to act?
Deadlines vary depending on the type of claim, and some employment-related deadlines are short. If you believe you were treated unfairly after a work injury, it is wise to have your situation reviewed promptly.
Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County and Northeastern Pennsylvania.
Let’s Work Together
When you work with us, you can expect clear communication, thoughtful strategy, and a team that is fully invested in your goals. We take the time to understand your needs, tailor our approach, and stand with you through every step of the legal process. Let’s move forward — together.