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Forced Resignation After Claiming Workers’ Compensation

Forcing someone who has experienced a work-related injury to quit or resign their job is against the law. In the eyes of the law, a forced resignation is the same as a termination, and employers cannot terminate employees just because they are injured and claiming Workers’ Compensation benefits.

There are many reasons why an employer might try to force an employee with a work-related injury to resign their position:

  • To avoid paying Workers’ Compensation benefits
  • To replace the injured employee, instead of waiting for them to recover
  • To avoid having to accommodate any work restrictions the employee might have upon returning to work

Additionally, an employer can avoid paying unemployment benefits if an employee resigns from their job voluntarily. When a worker resigns their position, not only can they not collect unemployment benefits, the also cannot file a wrongful termination lawsuit against their former employer.

Thus, there is plenty of incentive for an unscrupulous employer to try to force an employee with a work injury out.

Constructive Discharge

Constructive discharge is the legal term for a forced resignation. To force someone out, the employer may say outright that if the employee does not resign they will be fired, leaving that person no choice. Alternatively, they may seek to create a hostile work environment. In other words, to make that person’s conditions in the workplace so difficult and intolerable that the employee “chooses” to resign, rather than stay.

Both tactics are considered the same as termination. If you were constructively discharged from your job, you have legal options for compensation available to you.

Workers’ Compensation Claims and Retaliation

Workers’ Compensation covers medical care, wage loss benefits, and offers disability payments for workers who are injured on the job. It is a no-fault system that provides a safety net for employees who need time off to recover from work-related injuries.

Under the Pennsylvania Workers’ Compensation Act, employers may not retaliate against workers who suffer a work accident and claim Workers’ Compensation benefits for their injuries. This would negate the entire reason for the Workers’ Compensation system.

If you are receiving Workers’ Compensation benefits and feel you have been treated unfairly after your injury, document the situation at your workplace.

Beginning with your injury, write down if you were unable to return to work immediately or if your workload had to be modified. Note how you were treated upon your return to work. If you feel you are the victim of a hostile work environment, document those conditions. Be sure to consult with an experienced Philadelphia Workers’ Compensation lawyer who can explain your legal options for compensation.

Compensation Settlement Agreements

If you negotiated a compensation settlement agreement that included your resignation, this is generally not considered a forced resignation. In many states, including Pennsylvania, such agreements include the employee’s resignation and courts have upheld them to be non-coercive.

If you are offered a compensation settlement agreement, it is imperative to have a qualified Workers’ Compensation lawyer review it before you sign, in order to ensure the terms of the agreement are in your favor.

Philadelphia Workers’ Compensation Lawyers of Gross & Kenny, LLP Fight for the Rights of Injured Workers

If you were forced to resign after claiming Workers’ Compensation benefits for your work injury, the dedicated legal team of Gross & Kenny, LLP can help. Our experienced Philadelphia Workers’ Compensation lawyers will help you obtain compensation and hold your employer responsible for your wrongful termination. An initial consultation is free and confidential. Call 267-589-0090 today or contact us online. We are conveniently located in Center City, Philadelphia serving injured workers throughout Pennsylvania.

A Message to Our Clients About Coronavirus COVID-19:

A Message to Our Clients About Coronavirus COVID-19:

At Gross & Kenny, LLP we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our law firm is remaining open to serve your legal needs. If you were working light duty or modified duty as a result of a work injury in Pennsylvania and were recently laid off or terminated from your job due to the Coronavirus you may be entitled to weekly workers' compensation checks for lost wages moving forward. Contact us to find out . We are open and ready to assist.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call (215) 512-1500.

We are continuing to fight on behalf of our clients and that we are all able to handle things even if mandated by the government that we work remotely.

Thank you and take care.