Legal Question in Workers Comp in Pennsylvania
I was injured at work in Pa. I had a torn bicep tendon and it was surgically repaired by a co. Dr. He has me going to PT and it is improving. I was released to go back to work Light duty in the office. They told me I can work as many hours as I want to get to my average hours worked before the accident (57 hrs ) They have allowed people to come in the office and work light duty if they had an injury outside of work but could only work 40 hours and no overtime. Do I have to work 57 hours a week or am I limited to the 40 hrs light duty that non WC injuried workers are working ? The company says I can work all the hours I want up to 57 , just so they wont have to get WC to pay the difference. Thanks for your response
2 Answers from Attorneys
You should speak with an experienced worker's compensation attorney who can explain your rights to you. Feel free to call me. 267-210-8752
This is a new twist. Work 40 hours. Talk to your doctor. He may not want you working more than that while your shoulder is healing. If he restricts you to 40 hours, that will simplify matters. If he does not, the employer will argue that you "could" be making as much money as you did before because the hours are available. Know that they cannot adjust your compensation on their own based upon anything other than the hour you are actually working. If they want an adjustment that is based on hours you "could" be working, they will have to ask a judge for that relief and you will have the opportunity to respond before the adjustment is made.
You should speak to an attorney for further advice. I have given a very basic answer to a more nuanced question. Feel free to contact me at 610-213-0606.
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