Legal Question in Workers Comp in Pennsylvania
I am not able to to my job ever
I have been disabled from my employment since 6-94. I am a Registered Nurse and was severely injured on the job. My employer and the underwriter refused to pay for needed sugeries and as a result my injury went untreated.
When the surgery was finally allowed, after a referee order them to do so, my muscles had atrophied to the point where they will never be able to preform pre-injury tasks. Now I am faced with the fact that 4 years of education were in fact wasted. My question is this. I have been offered a position which has requirements that I do not possess. I wish to go on with my life and do whatever my physical limitaions allow. They have refused commutation and I want to know if I can sue my employer for negligence in a civil matter or the insurance company in the same situation. What happens if I refuse this job offered as I am not qualified to do the given tasks which I will be expected to preform. Thank you
--name removed-- --name removed--
1 Answer from Attorneys
Re: I am not able to to my job ever
Only your own attorney can give you reliable advice about the prospects of your situation. As you probably know, if you refuse a job offer, the insurer will try to terminate your benefits, and the judge will have to decide whether or not you made a good faith effort to return to work and what your limitations actually are. Refusing a job offer is risky.
It's doubtful whether a separate suit can be filed. WOrkers comp is generally the exclusive remedy against employers and their insurers. I handled one of the leading cases where a worker tried to overcome this rule and the state supreme court threw out the case. But again, you have to evaluate your options based on real legal advice; I can only make general comments, but if you're in the Philadelphia area, I'd be happy to consult with you.
William Marvin
Law Offices of William D. Marvin
947 Old York Road
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