I was terminated without cause after notifying my employer I would require a second surgery because of an on the job injury.

Answered on May 8, 2015

Unfortunately this has become typical claims management for workers compensation. If they terminate you, they attempt to argue that your wage loss is the result of some other reason than your injury. Sometimes they do better then others at covering their actions, it does not sound like your employer did such a great job. That said, you have a good workers compensation case and will need to file for reinstatement. If you are nonunion, PA has a case called Shick regarding terminations because of workers compensation claims, so you may have that separate line of recovery. The Americans with Disability’s Act is also implicated here. There is also Unemployment, but there may be issues with your ability to do the job considering the surgery. You should talk to an attorney because consults in this field are generally free, most people get better results with an attorney and I have seen pro se claimants really undermine their own cases. Good luck.