Legal Question in Workers Comp in Pennsylvania

My mother broke her arm while trying to enter her place of work this past winter. She slipped on thick ice that was on the stairs leading up to the ramp and then the entrance. She had surgery to reapir the dameage, and now she's in rehab. The insurance company is trying to make her go to work, but every time she does, they send her back becasue they don't have a job for her, nor will they create one for just "one arm". She's a housekeeper at a hotel and has to lift matresses all day, clean bathrooms etc. Her rehab folks told her since she is in her 60's, her recovery will not be fast. She's afraid that they are setting her up for firing, even though they know she cannot do her real job at all. What shall we do?


Asked on 5/10/11, 6:14 am

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

First, she should have her own doctor. She is only required to treat with the company (panel) doctor for 90 days. After that, she can see any doctor of her choosing. She needs her doctor to act as an advocate for her and if her condition warrants, he can keep her out of work. Further, if you are released to return to work, and your employer will not take you back, she might be entitled to continue to recover WC Benefits. If you get laid off while on WC, and have not made a full recovery, the insurance company must continue to pay.

She should see a WC lawyer IMMEDIATELY. It will cost her nothing upfront, and his or her fee will be deducted from any amount the lawyer recovers in the event of litigation. Another thing a lawyer can do is work out a Compromise and Release where your mother might be entitled to a lump sum payment.

Have her see a lawyer tomorrow.

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Answered on 5/11/11, 4:48 pm


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