Fired While Out on WC

**ddt2528** · 03-19-2012, 03:55 AM

My workers compensation claim was made in the State of: PA. I was injured at work and had to have surgery. The company I worked for (10 years+) fought the wc claim. I was injured in July, had surgery in August. While recoperating, I received a letter from the mother company stating I was fired the day I got injured. I can assure you no one fired me at the employment site. I am claiming unemployment, but is that legal to 1) fire you on the day you got injured tho no one actually came up to me and said anything like that, and 2) can they then send you a letter after the date of when I could apply for cobra benefits? I feel like I am getting royally screwed. I did hire an attorney for the wc claim and they are ready to settle. In the settlement papers I have to sign off that I will not sue the company for anything in the future. Meaning - if this truly is a wrongful termination, I cannot make a claim against it. This was a very well paid job and I feel they just replaced me with someone who would make $25,000 less a year than myself since they were new to the position. I have an appt with my attorney this afternoon to sign the settlement papers but feel I am making a mistake.

**maxcrucial** · 03-21-2012, 07:24 PM

is pa a will to work work state? if so they can fire you at any time for any reason.
most people who get a lawyer will and do get fired during a wc injury.
thats all i can tell you peace

**1radjojo** · 03-22-2012, 02:47 PM

sorry to say, this is all too familiar to many of us. Although my claim was made in CA, and I do not know the specific laws in PA, it would seem a retaliatory/discriminatory situation. I would talk to your attorney on this for sure. In CA, if you settle the WC case, you don't necessarily want to settle the discrimination case, but rather take that to an employment attorney..... or so I am told.

It seems that ERs will find a way to weasel out of almost anything. If they terminate you, they can always say it was performance based. Apparently, it is quite difficult to prove, and the burden is, of course, on the EE. Keep us posted.