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Philadelphia Employment Lawyers: Can you be Fired for Filing a Workers’ Compensation Claim?

February 29th, 2016

Although it is legal for an employer to fire a worker who is collecting WorkersCompensation, it is illegal for an employer to fire a worker because he or she was injured on the job and filed a Worker’s Compensation claim.

Most employers are fully aware that they would likely be hit with a wrongful termination lawsuit if they retaliate against an injured worker by firing him or her for filing a Workers’ Compensation claim. However, some employers may attempt to disguise this type of retaliation by claiming that an employee was dismissed for other reasons. Some employers may also attempt to force an employee to resign to avoid a wrongful termination lawsuit and contribute towards unemployment benefits. This is called constructive discharge and, according to the law, it is equivalent to being fired. Furthermore, if an employer refuses to accommodate any work restrictions after an on-the-job injury, the injured employee may have grounds to file a retaliation lawsuit.

If you believe you have been fired from your job because you were injured at work and filed a Workers’ Compensation claim, call Philadelphia employment lawyers at Sidney L. Gold & Associates at 215-569-1999 or contact us online to schedule a free consultation. You may have grounds to sue your employer for wrongful termination and retaliation.

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