Legal Question in Workers Comp in Pennsylvania
MVA 4 years ago, now reinjured site at work
Hi,
4 years ago I was involved in a MVA and my back was injured in the accident. The MRI's didn't show any disk damage but the Pain management specialist thought there was something that didn't show on the MRI so she sent me for steroid injections and physical therapy which worked and I have been working since without a problem.I am a custodian for a school district, work alone during the day and do alot of heavy lifting every day. 2 months ago I was carrying a 6ft table up a flight of stairs and since I have had terrible pain in my back and shoulder around the same area and am afraid to report it because of the injury 4 years ago. I don't know how long I can keep working like this with the constant pain but I don't know what to do. Will I be covered?
1 Answer from Attorneys
Re: MVA 4 years ago, now reinjured site at work
Under PA law, an employee is required to give notice of the injury to his employer within 120 days of the occurance, and the fact that it happened at work. Although you are still within the 120 time period, the fact that you waited 2 months, will surely be used against you. When did you first seek medical care after the injury? Did you tell the doctor that it was work-related? Under any circumstances, the 2 month gap betweeen the injury and notice will probably mean that you will have to fight for your compensation by filing a claim petition, and have to go through litigation. YOU SHOULD SEE A LAWYER WHO CONCENTRATES ON WORKERS COMPENSATION LAW IMMEDIATELY. He will advise you what to do and how to handle this.