Legal Question in Workers Comp in Pennsylvania

The answer is, as most time in the law, "it depends." If you are an employee covered by FMLA, the anwer is, generally, 12 weeks. If your employer is too small for the FMLA to apply or you have not worked long enough prior to your disability, the answer is that you can be terminated right away.

There are other laws that give employers reasons not to terminate you too quickly. And you should check your collective bargaining agreement (if you are union) or your employee handbook (if there is one) for the company's policies regarding workers compensation and unpaid leave. Don't assume that the unpaid leave provisions of any leave policy automatically apply to WC injuries. Be sure to formally assert any rights that may extend your relationship with your employer.

Sometimes qualifying for short term or long term disability will provide a form of unofficial job protection. Check you employer's policies about how your employment status is affected by such insurance.

There is no job protection provided under the PA WC Law, but there are financial incentives inherent to the system which may prevent your quick termination and may promote your return to work when you are able. Those incentives have caused employers to offer injured workers modified duty and full duty jobs even after terminating them.

Although jobs are currently tight, you can always reapply after a termination due to a lengthy disability.

The 2 aren't related at all. Employer can lay you off any time he wants. You stay on work comp until the insurance company proves that you have fully recovered of can work and earn as much as you were earning before you got injured.