Legal Question in Workers Comp in Pennsylvania

i was fired for something unrelated to injury less than 30 days after returning to work from comp injury

Asked on 9/01/11, 10:16 am

3 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

Sounds like it could be a pretextual discharge for exercising your rights under the workers' comp statute. Such cases now, finally, can be prosecuted before a civil jury in state court. Might be a good idea to speak with an employment lawyer. If interested in your case, he or she will charge a 40% fee from any recovery.

Good Luck.


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Answered on 9/01/11, 1:29 pm
Anthony Telleria Telleria,Telleria,& Levy, LLP

This may be a case of wrongful termination. You should contact my offices and explain yourself in more detail. (626) 585-0017

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Answered on 9/02/11, 12:59 pm
Joseph Hanyon MHK Attorneys

Your firing may have been pre-textual, which essentially means they may have fired you due to the fact that you previously were on Workers’ Compensation. The status of your Workers’ Compensation case will have a huge impact on what your current rights may be. Please keep in mind that Pennsylvania is an “at will” state, which means any employee can be fired at any time for any reason. This includes a real or imagined cause to fire you. The Workers’ Compensation Act, to some extent can insulate you from such a firing. As a result, the reasons for the firing and your actual Workers’ Compensation status will have a huge impact on what can or can not be done for you at this point. I would strongly suggest consulting with an attorney to find out what your rights are.

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Answered on 9/02/11, 2:37 pm

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