Legal Question in Workers Comp in Pennsylvania

back injury believed to be caused from an accident at work

I was off work for 6 weeks due to a slipped disc in my back. I am back to work but still not okay. Went to physical therapy to try and help instead of having an operation. I do believe that maybe this accident was caused from an accident I had at work 3 years ago. The doctor seems to think that most of my problem is from the driving that I do everyday. Sometimes I am constantly driving for 6 hours straight. I was getting sick pay while I was off not compensation. I do not know how I would be able to prove if this could have been caused by the accident and what I should do about it. I think I may need an operation but can not afford to be off work without the pay. How could I see if this was caused by the type of work that I am doing and the accident I had three years ago. I would appreciate a reply as soon as possible. Thank you.


Asked on 4/04/98, 9:58 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Old back injury and workers' comp

only your own attorney can evaluate whether your current condition may be an aggravation or recurrence of the old injury, and whether the time limitations in the comp act might be a problem. There is a 3 year time period to file claim petitions, so I hope the accident was less than 3 years ago; it may not be too late, if you haven't gotten comp benefits from that accident.

A situation like you describe is very complicated; the comp statute must be applied to the particular medical facts, so it is completely impossible to give any opinion whether or not you may have a good claim.

It won't cost you anything to consult an attorney; they work on contingency.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 4/17/98, 9:36 am


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