Legal Question in Workers Comp in Pennsylvania
I was injured on the job in Feb 2010. I piece of equipment mal functioned and I was hit on the shoulder and back. MRI shows herniated discs, bulging discs with nerve encroachment, plus a tear in shoulder muscle. I have gotten 2 shots in shoulder for pain. Neuro surgeon does not think back surgery will relieve severe back pain at this time. Therapy has not helped. Employer asked Dr to send to work on modified duty, I am trying but the pain is bringing me to my knees. I have an appt. with a pain specialist soon. What are my rights as far as modified duty.
2 Answers from Attorneys
If your employer has work that is within your doctor's restrictions then you should perform that work. If you are having difficulty, go back to your doctor and see if he/she will modify the restrictions further. Next, take the new restrictions to your emplyer to see if they have work within the new restrictions. If you earn less than your pre-injury weekly wage, your employer must pay you 2/3 of the difference.
Please contact my office to discuss your case. I do not charge a fee unless I recover additional benefits for you or if I am successful in challenging the insurance company's attempt to reduce your benefits.
It's too complicated to answer in a short writing such as this. Please call me to discuss (no charge). I have to ask you lots of questions before I can point you in the correct direction.
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