Legal Question in Workers Comp in Pennsylvania
Position & Medical Benefits Terminated
I injured my neck on the job 12/00 and recently had surgery for cervical hernia repair 12/02. I've reached the 26 weeks allowed by policy to hold my position. I received a letter stating that my name will be removed from the records as an active employee and my medical & dental benefits will be terminated. I understand that my employer does not have to hold my position, but can they terminate me under FMLA when I'm out on WC? If I go back I will have to apply for any open positions like a new employee and will lose my time and wages. I am scheduled for a functional capacity eval the end of this month. My neurosurgeon released me for modified duty on 02/17/03 but they wouldn't let me return with restrictions. I'm an RN and I know there are no shortage of positions!!!! Thanks.
2 Answers from Attorneys
Re: Position & Medical Benefits Terminated
1st, what city are you in? Second, what is the status of your comp case. Finally, they do not have to hold your job, but must offer you COBRA benefits
Re: Position & Medical Benefits Terminated
The simple answer is yes, they can terminate you. From what you described, your absence is due to your work injury and not the FMLA. Unfortunately, unless you are in a union, an employee in PA can be terminated for any reason, except discrimination based on race, religion, etc. You might have a cause of action under the Americans with Disabilities Act, but these are very tough cases to win.
If you are terminated while you still have physical restrictions, you can continue to collect WC benefits. At some point, however, your employer and its insurance co. will attempt to suspend or modify your benefits by proving there are jobs in the general area that you can perform.
In any event you should consult a lawyer to determine exactly what your rights are. You might be able to negotiate a lump sum settlement to resolve your case, before seeking employment elsewhere.
If I can be of further assistance, feel free to call me at 610-644-8300 or email me at [email protected]
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