Legal Question in Workers Comp in Pennsylvania

Applying for workmens compensation

I am a registered nurse who recently has been out sick due to neck, arm and shoulder pain. No particular incident caused this. one day woke up with pain and became progressively worse. i have work at the same institution for 12 yrs. i do alot of lifting and moving of patients. i was recently diagnosed with c5-c6 right side herniated disk. i assume due to the nature of my job this has attributed/caused this condition. i have been told by my boss that i can not file for workmens comp as an incident(known) did not occur that i could place blame that caused my disc to herniate. do i have the right to file for workmens comp?


Asked on 12/11/98, 1:16 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Applying for workmens compensation

In Pennsylvania, at least, repetitive stress type of injuries are compensable. You should immediately give written confirmation that you've told your supervisor that you think your injury is work-related. The key element is an injury which arose from your work. The requirement of an "accident" was repealed in 1972.

Notice is a very important issue since the employer has a complete defense if the worker hasn't given notice within a relatively short time period. Then you probably will get a formal denial of a claim, and then must file a claim petition.

I don't know what the situation would be in New Jersey since I don't practice there. You listed both states. If you worked in PA, then PA law would probably control.

Cases like this are not easy to win. You will need to present a doctor's testimony that the work did substantially contribute to your injury and disability. "Assuming" isn't enough.

Good luck.

William Marvin

Law Offices of William D. Marvin

947 Old York Road


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Answered on 1/25/99, 9:50 am


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