Legal Question in Workers Comp in Pennsylvania

PA workers comp and light duty

Your concern is a legitimate one, but it may be premature. You should feel free to consult an attorney now, and because claimant's attorneys work on contingent fee, it should not cost you anything. Although no legal action is necessary as long as you are receiving benefits, the attorneys would be happy to make your contact in case you need representation later. (at least, I know that if you were in the Philadelphia area, I would be happy to meet or consult on the phone). More to the point, a pro-business "reform" of the comp Act was passed a couple years ago and it gave the employer more control and advantage in being able to limit a worker's benefits. Previously, the benefits could not be stopped until the company got a judge to issue a ruling. Now, they have procedures to pay benefits on a temporary basis, and also can terminate if they file a particular type of petition and a doctor's affidavit that you have returned to work. The judge then pass to decide very quickly if they can do so, and the law deliberately makes it harder for the claimant to prove that benefits should not be terminated. Also, if the employer has given you a list of six doctors, you have to treat with their doctors 490 days from the injury.

Those are just some of the anti-worker provisions in the new law. You should contact your state legislature and tell them how bad this law is and ask them to enact real reform to protect workers.

Let me get off the soap box and wish you a quick, full recovery, in hopes that your concerns will not become a real problem.

Also, the doctor cannot force you to go back to work. All that the doctor or company can do is try to cut off your benefits if you refuse to return to work when there is suitable work available within your physical restrictions.

Light duty is often a good way to help get back to work after an injury, but it depends on whether it is offered in good faith by the employer and is real work instead of just a sham to get workers off comp.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.