Legal Question in Workers Comp in Pennsylvania

Hurt at work picking up boxes

Sept.03 I picked up a box a work and felt a shockwave go down my neck and the left side of my body. 2 weeks later I felt pain in the left side of my back. It gradually got worse. Approx. 2 months went by and I asked my superviser if I could see a company doc. I told her what I did. She said go see the HR department. I didn't. In April 04, I found out I had 3 herniated disks in my neck and 3 in my upper back. Sept 04 I filled out a accident report because I had to take a leave for a month for treatment of my neck.(Naturally I was turned down for compensation. I waited too long to report it.) Jan.05 had surgery on my neck. I was out 3 1/2 months. I was released by the surgeon with no restrictions. Went back in May 05. started having pain again. Found out I had 2 slipped disks in my lower back. My Doc put me on work restrictions. When I asked if I should fill out an accident report, I was told they had the old one to go by. A couple weeks later I was fired. Do I have a case.


Asked on 8/17/05, 4:16 pm

2 Answers from Attorneys
Edith Pearce The Pearce Law Firm, P.C.

Re: Hurt at work picking up boxes

You may have a case. You are required to report your injury within 120 days, which it appears you did when you asked your supervisor if you could treat with the company doctor. After you report your injury within 120 days, you have up to 3 years to file a claim petition. Obviously, there are going to be issues as to why you did not report it to HR and seek medical treatment right away. However, if your doctor relates your injury back to that work event, and you did report it to your supervisor within 120 days, you have a case. Workers' compensation benefits would provide about 2/3 of your wages, plus medical expenses.

Please feel free to call our office for a free consultation. 215-557-8686. If we take the case, it would be on a contingent fee basis, so that you would pay nothing unless you win benefits. We look forward to hearing from you.

Also, feel free to visit our website which has a lot of information about our firm at www.thepearcelawfirm.com.

Read more
Answered on 8/17/05, 4:58 pm
Terrence Valko ERISA Disability Lawyer

Re: Hurt at work picking up boxes

if you have any radiographic evidence propr to the date of injury which shows no disc herniations, you may well have a solid case. the amount of your earnings dictates, at least in part, how enthusiastic a lawyer would be in taking on the representation of your case.

the fact that you were discharged is so outrageous that you may have a civil action against the Employer as well as a WC action against its insurance carrier.

hope your neck symptoms improve.

Good Luck

TVesq

Read more
Answered on 8/17/05, 10:01 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Pennsylvania