Can I be terminated for having surgery ?

Asked in Warminster, PA , on Dec 7, 2021

I recently had surgery that my supervisor knew about a month a head and helped me choose the date . I had surgery and had to be out for 7-10 days because my doctors note was not accepted . They told me to go on STD but was denied because illness was not severe . I occurred occurrences during my 1.5 weeks off and am being terminated for having too many missed days . Can I fight this ? This is not fair and it was planned with the supervisor and told in advanced before they hired me. It’s a large company so I am just a number , but this is wrongful termination.

Answered on Dec 8, 2021

This is slightly off topic, however, if you have a physical injury that gets worse because of work, even if it was not originally work related, it can be covered under WC and when you are terminated with restrictions there is a much more direct path to be compensated. An injury can occur from an “incident” or from repetitive trauma or the like. I see this scenario alot with injured workers and they often do not realize this. In terms of your specific injury, you may need to provide more information for example, where you in a Union or was there an agreement. What was the nature of the condition, was it permanent or temporary, what were the policies and was there compliance and was there any effort to seek an accommodation. Good luck.

Is this considered employer retaliation and should I even consider filing a complaint?

Asked in North Wales, PA , on Aug 31, 2021

I was fired via text tonight following an apology/explanation for not getting to work when expected. I have no set hours typically show up whenever. However I was delayed because I was having an issue related to a recent surgery. This was causing pain and I took my prescribed medication for that pain. However I am not allowed to drive on it. Before I could say that I would ask for a ride and after explaining why I hadn’t made it in yet couldn’t drive I was fired. I had never once received any disciplinary talks, warnings, or complaints. On top of that, I consistently complete my work effectively and efficiently.

Answered on Sep 3, 2021

I am not sure of the specifics of your injury, but another thing to consider is that a work injury can include a worsening of a non-work related condition or a progressive condition. If you had some type of condition in that realm, you may also want to consider talking to a workers compensation attorney. If you had restrictions related to this type of injury, there is a a presumption that your lost wages after termination are work related. You would need to provide more facts. Good luck.

In PA can you be fired while out on workmans comp?

Asked in Brookhaven, PA , on Dec 24, 2010

I have an acute fracture and was advised by a orthopedic specialist to file a workmans comp case.. I am a mechanic and I am the only mechanic at the collision shop that I work at and have 2 children at home to worry about. If I file in PA can my boss let me go? And if he does can I do anything about it?

Answered on Dec 27, 2010

You should definately contact a workers compensation attorney. I have a legal guide on my profile that can walk you through some of the early considerations that you can review. However, if the orthopedic specialists is telling you that you are going to be out for a while, you should really speak with someone in person to find out what benefits are available to you. Protecting your job and preserving your entitlements are both issues that need to be considered.

Timothy P. Brennan, Esq.
Croslis & Brenn an Law Offices
2030 Tilghman Street, Suite 203
Allentown, PA 18104