Legal Question in Workers Comp in Pennsylvania
''forded'' to do 'light duty' work that made a job injury worse!
July 2004 I injured L rotator cuff at work and was placed on light duty. I begged for a week or so off to allow it to rest and recoop but instead employer ''forced'' me to do work that was contary to the doctors restrictions, and made my injury much worse. Sept 3 I was fired for going to therapy, and got a local attorney to help with workmans comp which they were denying me. He basically won the case for basic comp, and when I asked him about additional comp because of the additional injury and increased pain they caused me he says there is nothing more that can be done legally by Federal Law.
My question is about the Wrongful Termination (age was a factor), and additional comp because the work them told me I had to do made my injury worse.
This company is known for bad treatment of injured employees. Is there nothing more I can do?
To this point 13 months later, I still have limited use of my left arm.
Thank you
1 Answer from Attorneys
Re: ''forded'' to do 'light duty' work that made a job injury worse!
Unfortunately, the laws of wrongful termination in PA are very much slanted to the employers. Unless you are in a union, an employer can fire you for almost any reason he wants. As far as the Federal Americans With Disability Acts, these cases are also very hard to win, especially in your circumstances. You would have to prove that you were fired because of your disability, and that your employer could have made reasonable accomadations to enable you to work, despite your injury. Of more importance to you is the fact that once you are on workers comp, the insurance company will go to great lengths to get you off of comp. They have the right to have you examnined by a physician of their choosing every 6 months, and will engage in video surveillance of your activities. They will clearly file petition after petition in an attempt to reduce, suspend, or terminate your comp. It is important that even though you are receiving comp now, you should report any papers you receive to your employer, and make sure that you have a doctor who is on your side, when these petitions are filed.
Andy Solomon
215-851-0200
570-622-7300
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