Dugan & Associates, P.C.
No Recovery - No FeeFree Consultation
Serving all of Western Pennsylvania
Local: 412-353-3572 Toll Free: 888-99-D-U-G-A-N Toll Free: 888-99-D-U-G-A-N

Misconduct discharge could disqualify from workers' compensation

In a recent case, the Pennsylvania Workers' Compensation Appeal Board reversed a judge's decision in regards to workplace misconduct and workers' compensation. A driver's discharge, which resulted from a violation of his company's weapons policy, did not necessitate his benefits being suspended.

A delivery truck driver was injured on the job. 10 days later, he was terminated, after his employer found a loaded weapon in his truck, a clear violation of the weapons policy. As the driver's misconduct directly contributed to his dismissal from his job.

For Pennsylvania workers, this means that if a worker commits misconduct and is discharged, he is unable to receive compensation for loss of earnings.

It is important for workers to abide by their company policies at all time, so as not to risk a loss of benefits. If the worst should happen, and an employee is injured on the job, they may be unable to collect workers' compensation if they are found to be in some kind of violation of policy. It is in the best interest of the worker, regardless of their feelings toward policy, to abide by it in order to guarantee their benefits in a worst-case scenario.

For workers who feel they have been wrongfully terminated, it can be a difficult decision whether or not to pursue an appeal. Speaking with a qualified employee rights attorney can be an excellent resource to help you to know your rights and your options. Workers' compensation benefits can be pursued if an injury occurs on the job, so be sure to consult an attorney if you are injured, as soon as possible, to protect your rights.

Source: Risk&Insurance.com, "Carrying loaded handgun in company truck cuts of benefits," Sept. 27, 2012

No Comments

Leave a comment
Comment Information

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Pittsburgh Office
4 West Manilla Avenue
Pittsburgh, PA 15220

Phone: 412-353-3572
Phone: 412-922-0800
Pittsburgh Law Office Map

Beaver County Office
2002 McMinn St.
Aliquippa, PA 15001

Phone: 412-353-3572
Phone: 724-775-7372
Aliquippa Law Office Map

North Hills
6400 Brooktree Ct.
Wexford, PA 15090

Phone: 412-353-3572
Phone: 724-933-0133
Wexford Law Office Map

Butler County
2009 Mackenzie Way
Suite 100
Cranberry Twp, PA 16066

Phone: 412-353-3572
Phone: 724-283-7063
Cranberry Twp Law Office Map

400 Penn Center Blvd.
Suite 101
Monroeville, PA 15232

Phone: 412-353-3572
Phone: 412-261-1129

Westmoreland County
101 N. Main St.
Suite 104 - A
Greensburg, PA 15601

Phone: 412-353-3572
Phone: 724-836-7454

Washington County
2400 Ansys Dr.
Suite 102
Canonsburg, PA 15317

Phone: 412-353-3572
Phone: 724-743-0463
Canonsburg Law Office Map

Serving all of Western Pennsylvania Free Consultation