How Long Does an Employer Have to Hold Your Job While You’re on Workers’ Comp in Pennsylvania?

If you get injured while on the job and can no longer work, you can receive workers’ compensation benefits. However, businesses in Pennsylvania are not required to hold or preserve your position while you are absent due to disability. In other words, workers’ compensation will pay for your lost work income and medical bills, but it won’t protect your job from being filled. A workers’ compensation attorney can answer any more questions you have about workers’ compensation and job protections in Pennsylvania.

What Does Workers’ Compensation in Pennsylvania Cover?

When you sustain injuries while at work, you can file a workers’ compensation claim to pay for your injury-related losses. Nearly all businesses in Pennsylvania are required to carry workers’ compensation, which will pay for the following:

• Medical Bills – Workers’ compensation will pay for the cost of reasonable medical treatment for your injuries, including emergency care, surgeries, rehab, and medications.
• Total Disability – Workers’ comp will also pay up to two-thirds of your weekly average earnings if your injuries prevent you from being able to work.
• Partial Disability – If your injuries require you to reduce work or change jobs, partial disability payments will pay up to two-thirds of the difference between pre- and post-injury earnings.

Will Workers’ Comp Protect My Job?

Unfortunately, workers’ compensation laws in Pennsylvania will not protect your job if you are absent due to work injuries. Pennsylvania is an “at-will” state for employment, meaning employers can let go of workers at any time for any reason or no reason, as long as their reason is not explicitly illegal. Unless your employment contract explicitly states that your employer must hold your position, they can hire someone new to fill that spot.

FMLA and Other Job Protections

Pennsylvania employers are not required to hold your job while you are on workers’ compensation, but they may be required to hold your job if it falls under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that offers job protections for workers who are absent due to family reasons or a serious medical condition.

The FMLA will provide up to 12 weeks of job protection if you miss work due to a qualifying serious injury that makes you unable to work. In order to be eligible for FMLA protection, the following must be true:

• You have worked for your employer for at least 12 months and for at least 1,250 hours over the previous year.
• Your job employs at least 50 people within a 75-mile radius. These employees can be at different work locations, as long as those locations are within a 75-mile radius.

FMLA leave is unpaid, but you can apply for workers’ compensation and receive benefits while absent, and FMLA will protect your job.

Can I Get Fired for Making a Workers’ Compensation Claim?

Employers can let go of employees for any reason they want, except those that are explicitly illegal. Even though you can lose your job while on workers’ compensation, your employer cannot fire you just because you filed for workers’ compensation. Terminating an employee for claiming workers’ compensation is illegal and can be grounds for a wrongful termination lawsuit.

Workers’ Compensation Attorneys in Pennsylvania

Injured workers shouldn’t have to fight with insurance companies to get the benefits they need. Stine & Associates, P.C., can stand at your side and work to recover the benefits you and your family need for stability. We have extensive experience fighting for workers in Pennsylvania and will use every available resource and strategy to secure victory. Contact our offices online or call today to speak to a Pennsylvania workers’ compensation attorney.