Legal Question in Workers Comp in Pennsylvania
Forced back to work
Out on comp for back injury for almost a year now. Just recevied letter saying I must return to work. The IME Doctor claims I can lift 50lbs. Infact I can harldy sit without my back hurting. I have my own Doctor saying I can not work. But the insurane Company. Says I must listen to their Doctor and report back to work. What are my rights. If I do not return. Will they cut off my payments without a hearing? Can they force me back.
2 Answers from Attorneys
Re: Forced back to work
Here are your rights. Generally, you have the right to listen to your own doctor about returning to work. However, I would document it by having your doctor fill out a note that you cannot return to the job they are offering. Send this note to your employer and the insurance carrier.
In order for the insurance company to cut your benefits, they have to send you a Notice of Ability to Return to Work form and either offer you a job or perform a vocational interview. They would then file a petition to convince a workers' compensation judge that you should be working. If you receive the Notice of Ability to Return to Work form you should contact a lawyer immediately.
Please feel free to call me for a free consultation or visit my website at www.thepearcelawfirm.com
Edith Pearce: 215-557-8686
Re: Forced back to work
You should see a lawyer immediately. If your doc you can't work, you will likely be able to defeat any petition filed against you. The insurance company will go to any lenghts to get you off of WC, however, if you have a lawyer, and a doctor on your side, it will be very hard for them to win. SEE A LAWYER IMMEDIATELY!!!
Andy Solomon
215-851-0200
570-622-7300
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