Legal Question in Workers Comp in Pennsylvania
post Traumatic stress syndrome
My husband was in a work accident where there was a explosion. He witnessed his friend running while on fire and ran after him and put the fire out. There was only 3 peoplle in the building that morning. My husband took care of everything from calling 911 to getting the rest of the men taken care of.
He is currently on workman comp and is seeing a psycologist for his condition. The place where he worked is still doing unsafe practices. The foamers failed to go off that morning and if they did go off his friend wouldn't of been as critical as he is. To this day they have nothing in there to protect the workers if there were a fire. My husband is petrified to go back in that building again after coming so close to death himself.
The insurance company tried to get him to go back light duty but his dr. said no not yet this is a mental condition not physical.
His dr. says he should get another job elsewhere. Would comp have to continue paing him until he finds another job? Can they mAke you go back into a unsafe working enviorment? osha is still investigating. Does my husband have a right to the final report.
Thanks so much.
2 Answers from Attorneys
Re: post Traumatic stress syndrome
OSHA reports are public. When it is done you can get it on line. In addition the workers comp lawyer neeeds to address these situations.If yo dont have one, get one. We do it.
Re: post Traumatic stress syndrome
Your inquiry raises several issues. First, you or your attorney are absolutely entitled to see the OSHA report. You should contact OSHA and tell them you would like a copy of the report. There might be a minimal charge involved.
Second, purely psychological cases are very difficult to win under Pa. workers' compensaton law. Your husband is fortunate that the insurance company accepted his claim. If his employer has light duty work available, and if the insurance company's doctor says your husband is sufficiently recovered to do this work, they will file a modification/suspension petition, and he will have to go through a series of hearings before a workers' compensation judge. At that point you will have to present the testimony of your husband's physicians/psychologists and the insurance company will present theirs. As to whether your husband will receive compensation during the litigation is a decision that the Judge will make at the first hearing.
In Pennsylvania, if it is determined that your husband cannot return to work for his former employer, the insurance company does not have to find him an actual job. They only have to prove, through a vocational expert, that work within your husband's physical and psychiatric limitations is available in your general geographic area. Again, this might be the subject of litigation.
Finally, you indicate that the foamers failed to go off. Your husband might have a products liability claim against the manufacturer of the foamer.
Under any circumstances, your husband should consult an attorney immediately. Most attorneys, including myself, handle these matters on a contingency basis, meaning that no fee is charged unless the attorney is successful in maintaining the workers' comp benefits, or obtaining a recovery from the manufacturer of the foamer.
I would be glad to meet with you and your husband, or answer any other questions on the phone.
You may reach me at 610-644-8300 or 570-622-7300.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
