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.

TV

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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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