workmans comp and being fired

[phess145]

What is the name of your state (only U.S. law)? Pa
I had an injury at my workplace it will be 3 years the end of this month. I was off work for 12 days and returned to my job. Since then they have been harassing me all the time . It seems like there is something every 6 months and now they have suspended me form my job and are investigating me for they say not doing my job. I have now been off work to 2 weeks and they have not gave me an answer yet . When meeting with HR they said my work preformance has never been a issue . But I also have other health problems that have been made worse from my job . Like my knee is to the point I need a knee replacement my foot is messed up and my neck has spurs that are putting presser on my nerves and I need surgery on it to take out the vertiabras and put a wire cage around the dics . Is there anyway I can file against the company. I didn't have any of these problems when I started to work there.

 

[swalsh411]

File what? A lawsuit? What law do you think they broke? Workers comp does not protect you against being fired for poor performance or even alleged poor performance. If you have been suspended without pay, apply for unemployment immediately while you look for a new job. It sounds like this one is bad for your health anyway.

 

[BobFlannagan]

I think the poster is looking for a claim of wrongful termination (fired for filing OSHA complaint).

You post does not give the actual dates for a full understanding of the workmans comp claim (did they fight this claim??) through the date of termination.

To claim wrongful termination the closer the time from the workmans comp. to the termination the better the nexus .

But employers can fire u for anything...so if you you had poor performance then you likely would lose your case.