Legal Question in Workers Comp in Pennsylvania

I injured my back at work about three years ago. Recently my employer handed out raises and I was snubbed because of my injury. I was told by the president of my company that I will not be recieving a raise due to injury. Is this legal? Also my doctor gave me to options....surgery of find a less physical job. I choose to take some night classes to pursue a less physically demanding job. I am not sure I am recieving all the benefits that are due to me. Is the work comp insurance responsible to pay to re-educate me to get a different job?


Asked on 11/04/10, 6:42 pm

3 Answers from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Repost these questions in employment// workers comp or other areas - not Social Security.

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Answered on 11/09/10, 7:54 pm
Terrence Valko ERISA Disability Lawyer

Retaliating against a Pennsylvania worker for seeking to advance his rights under the Workers' Compensation statute has been actionable in tort since the Shick Lumber case right before the turn of the century. Retaliation is a tough case to prove and not any or every WC lawyer or employment lawyer will be interested in such a case.

However, your facts suggest you might be a candidate for a lump sum resolution in the hands of the right practitioner. You can be forced to have surgery if it will return your state of health to be able to resume employment. That's called a Muse petition. For re-training, contact the OVR, as that topic is generally outside the ambit of workers' compensation.

Insurance companies do not 'do the right thing' without being persuaded by WCJs and/or Claimants' Counsel.

See if Thomas Cook can take your case. He is in your geographical area.

Good Luck.

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Answered on 11/09/10, 8:13 pm
Ronald Calhoon calhoon & associates, p.c.

Wow! Hats off to you for taking night classes. As far as your employer goes: shame on them! I know attorneys (I have focused almost exclusively in workers' comp for last 22 years) that would be willing to look into suing the employer for discrimination. Most likely you have not received all benefits you are entitled, including proper partial comp since you may be grossing less due to work injury. Schooling can be a protection in a modification of benefits and you may check with OVR on a grant for tuition, but since you are working, they probally will not help you. But, it is worth a phone call.

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Answered on 11/10/10, 8:41 am


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