Legal Question in Workers Comp in Pennsylvania

I was recently injured on the job in PA. I am an auto mechanic at a new car dealership. The short version of the case is: I got a hernia while lifting a truck tire at work, immediately informed my supervisor. At that time "injury center" was closed so first thing in the morning my supervisor and I went to the work injury center where i was drug tested and seen briefly by an employee who was not an M.D. She said it could be a hernia and to go back to work with a 10 pound lifting restriction.

Pain worsened throughout day even as i followed restrictions. That evening i went to E.R and was diagnosed by a doctor as having an inguinal hernia. No further work restrictions were stated. Upon returning to work the next day I recieved a call from Gaurd insurance group and got a claim number and adjuster for my claim. I was put on "light duty" and my boss told me i would be doing new-car inspections- which requires a lot of bending, twisting in and out of cars, lifting tires and other motions that caused me pain. I informed him i wasn't going to be doing this work anymore because i couldnt lift the tires. I was told to continue what i was doing. Over the next week my hernia became aggravated and had severe pain doing normal tasks. That thursday and friday I took off to recover from pain, informing my employer that it was due to aggravation of my injury. Upon returning on monday, i was charged with two sick days.

Today I tried to go to my family doctor to be seen and they would not take me without approval from my workers comp adjuster. I am at my wits end and don't know what my right are here. Im being forced to do work that worsens my condition, they are taking benefits away from me (sick days)... Is what there doing legal?


Asked on 6/30/10, 4:41 pm

1 Answer from Attorneys
Richard Senker Senker Law Office

You've got to hire an experienced injury atty and get a Claim Petition filed ASAP. The problem you're going to run into, however, is that your employer may still want you to do work that is beyond your physical capabilities. You must refuse to do that work if you think it's beyond your capabilities. You stated that you're being "forced to do work that worsens" your condition. That's not correct--you are choosing to continue to do that work. You should not let your employer "push you around".

Please visit my website (www.autocrash.biz) or call to discuss further (1 866 AUTOCRASH--toll free).

Richard Senker

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Answered on 7/01/10, 3:22 am


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