Legal Question in Workers Comp in Pennsylvania
Employer Job Offer Obligation
Has anyone successfully made a claim against an employer based on Title 34, Part VIII, Chapter123.301(a)? It states, ''...if a specific job vacancy exists within the usual employment area...with the liable employer, which the employee is capable of performing, the employer SHALL offer that job to the employee...''
My understanding of regulations is that the word shall means MUST.
I am on workers comp. and have been trying to get my employer to take me back. While I can no longer return to my pre-injury position, there have been other positions I am qualified and capable of doing. However, I am either denied the opportunity to apply, or it is filled outside the company.
It seems that this is a regulation an employer is required to comply with. However there is not any recourse if an employer fails to comply. I know I can prevent a labor market survey, since I can prove there have been jobs available, but it seems like little recourse in getting the employer to return me to work.
1 Answer from Attorneys
Re: Employer Job Offer Obligation
There is a perfectly good recourse: you continue to receive Workers' Comp.
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