Legal Question in Workers Comp in Pennsylvania

To whom this may concern, I was diagnosed with Multiple Sclerosis last year through extensive test.

I have been employed with the company for seven years, and was exposed extensively to a chemical

known to cause MS. My work did not provide the proper protective equipment needed to use the chemical, and i had been developing adverse effects over the past four years, until eventually i could no longer work. I have been approved for long term disability through work insurance that is supposed to pay me 60% of my regular salary, but instead they are basing it off part time hours. I cannot afford to pay for Cobra to continue my current premium, to which i am unable to change till open enrollment because, it needs to be a life changing occurrence, which to me seems to be. Please Help me and tell me where i stand and what i can do. Thank You.


Asked on 7/05/11, 12:10 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

You need a sit-down with an employment lawyer, who would need to see the medical literature declaring the chemical as a known MS catalyst. You may have a Workers' Comp case under sections 108(n) and/or 306 of the Act. You may also have a Federal Court ADA case if there is a way for you to first decrease and then prevent re-occurence of symptoms of a continuing exposure. Finally, it appears there may exist a third party products liability lawsuit under Section 402A of the Restatement of Torts, 2d for either the ultrahazardous chemical itself or its defective means of application.

Run, hobble, or hitchhike to a lawyer of your choice at once!

Good Luck.

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Answered on 7/06/11, 6:43 am


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