Suffering an injury at work is stressful enough without having to worry about losing your job. Many employees hesitate to report a workplace injury or file a workers’ compensation claim because they fear retaliation. Maybe you’re unsure if you’ll face consequences for standing up for your rights. Or perhaps you’re wondering if it’s worth the risk to claim your work comp in Philadelphia and still keep your position. The good news? The law is on your side - mostly.
Let’s break down what the law says, what actually happens in the real world, and what you can do to protect yourself after filing a workers’ comp claim.
Workers’ Compensation Is a Legal Right
You are legally entitled to file a workers’ compensation claim if you’re injured on the job. This is not a favor your employer grants you - it’s a right protected under state law.
Workers' compensation laws were created to make sure injured employees receive medical care and wage replacement while they recover. In exchange, workers usually waive the right to sue their employer. This system is supposed to be a win-win: you get support while you heal, and the employer avoids costly lawsuits.
Can You Be Fired After Filing a Claim?
Technically, yes - you can be fired while on workers’ comp. But here’s the catch: your employer cannot fire you because you filed a claim.
Retaliation Is Illegal
It is against the law for your employer to terminate you out of retaliation for filing a workers’ comp claim. If you can prove that your firing was connected to your claim, you may have a case for wrongful termination. Employers who fire workers for this reason may face legal penalties, fines, or even civil lawsuits.
At-Will Employment Still Applies
Most states operate under “at-will” employment laws. This means employers can fire employees for almost any reason, or no reason at all, as long as it's not discriminatory or retaliatory.
So while you can be fired for poor performance, company downsizing, or unrelated issues, you cannot legally be fired because you exercised your right to file a workers’ comp claim.
How to Spot Retaliation
Retaliation doesn’t always come in the form of a pink slip. Sometimes, it’s more subtle - but still illegal.
Signs You’re Being Retaliated Against
- Demotion or pay cuts shortly after filing a claim
- Negative performance reviews out of nowhere
- Sudden disciplinary actions for minor infractions
- Being excluded from meetings or projects
- Hostile or threatening behavior from supervisors
If any of these happen to you after filing a claim, it’s worth documenting and discussing with an attorney.
What Should You Do If You’re Fired?
If you suspect your firing was linked to your workers’ comp claim, don’t panic - but do act quickly.
Steps to Take After Termination
- Request a written explanation: Ask for the official reason for your termination.
- Gather evidence: Collect emails, performance reviews, and any correspondence related to your claim or job duties.
- Speak with coworkers: If others witnessed your treatment, their testimonies could help.
- Consult a workers’ compensation attorney: They can assess whether you have a wrongful termination case.
If retaliation can be proven, you may be entitled to reinstatement, back pay, or even additional damages.
Can Your Claim Be Denied If You’re Fired?
Here’s another concern many workers have: “If I’m fired while receiving workers’ comp, will I lose my benefits?”
Good News - Benefits Usually Continue
In most cases, being fired does not automatically disqualify you from receiving workers’ compensation benefits. As long as the injury occurred while you were employed and performing work-related tasks, your benefits should continue - even if you're later let go.
However, if you were fired for cause (e.g., violating company policy), it may complicate things. Insurance companies might try to argue that your job loss affects your eligibility for certain benefits like vocational rehab or wage loss.
How to Protect Yourself Before and After Filing
Preparation is your best defense when navigating both injury recovery and potential employer backlash.
Tips to Stay Covered
- Report your injury immediately and keep a copy of the report.
- Get medical care and follow your treatment plan carefully.
- Maintain detailed records of all correspondence with your employer and insurer.
- Stay professional: Don’t give your employer a valid reason to discipline or terminate you.
- Consult an attorney early if your case is complex or if your employer starts acting suspiciously.
Being proactive will help ensure you’re protected if any issues arise.
Employers Have Their Own Pressures
It’s worth noting that not every employer is out to retaliate. Many genuinely want their workers to recover and return to their roles. But unfortunately, there are still businesses that try to intimidate employees or avoid paying claims to protect their bottom line.
Understand the Employer’s Perspective
Employers may worry that too many claims will raise their insurance premiums. Some might fear legal liability or feel resentment toward injured workers. These pressures don’t justify illegal actions, but they explain why retaliation still happens despite the law.
Filing a workers’ comp claim shouldn’t cost you your job - but fear of retaliation keeps far too many injured workers silent. The reality is, you have legal protection on your side. You can’t be fired because you filed a claim, and if you are, you have every right to fight back.
The best way to protect yourself? Know your rights, act quickly, and document everything. And if the situation gets complicated, don’t hesitate to get help from a workers’ compensation attorney. After all, your health and livelihood are worth defending.
