Legal Question in Employment Law in Pennsylvania

I started a new job in February 2012. I informed them that I was having back pain and was seeing a chiropractor for treatments. I was working in a day care center with two year old children. I was required to lift the children a minimum of five times a day to change diapers. In March my chiropractor said my back was getting worse. I was told not to lift anything heavier than ten pounds. The doctor gave me a letter for work as well. My employers way of offering compensation was to have me change diapers on a mat on the floor. When I went to the chiropractor the following week he said that getting on the floor was not helping my back. I was also occasionally pushing a stroller with two toddlers in it.

In March the chiropractor sent me for an MRI. My employer gave me three hours off to have the MRI done. When the chiropractor received the results he referred me to an orthopedic specialist.

On my first visit to the specialist I was told not to go back to work because I needed immediate surgery. I called my employer right after my employment and told her the situation. She told me to feel better soon and sounded annoyed that I would be out of work for seven weeks.

I called my employer the following week to get a letter for food stamps stating that I was on medical leave. My employer told me she could not write the letter for me because I no longer worked there.

I asked her if I was fired and she said no. I then said that I did not quit so how can I no longer work there. She replied that they are a small business and do not offer leave of any kind.

Can I get workers compensation for this in the state of Pennsylvania? Is it legal to be fired for having surgery?


Asked on 6/22/12, 5:28 pm

1 Answer from Attorneys

Drew Quinones Drew Quinones, P.C.

You absolutely have a workers compensation case. You should speak with someone experienced in worker's compensation law.

Drew Quinones

267-210-8752

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Answered on 6/22/12, 6:45 pm


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