Legal Question in Workers Comp in Pennsylvania

rotator cuff torn

I have an underlining condition that causes my shoulders to pop out. But I also tore my rotator cuff at work due to a box falling. The insurance company doctor said it was a tear and since the box fell because it happened at work I should be covered. The insurance company's lawyer wants to settle, the judge wants to settle but the insurance company does not. I was injured in Aug/06, surgery 01/07 and have been out of work since surgery. I worked until I had my surgery but with light duty. The insurance company is stating because of underlining problems and a fall I took in May/06 that they are not responsable. Now according to their doctor, if I was injured at work it is a workmans comp claim.

I am tired and I am out of money. Also in March I found out through my lawyer via insurance company's lawyer my place of employment has replaced me and will not be hiring me back. I have a good work record. I do realize that Pa is a work at will state.


Asked on 4/20/07, 1:26 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: rotator cuff torn

This is a common problem in workers' compensation cases. While you are waiting for compensation, you have to rely on your savings, part time employment, your family, or whatever resources that you have. Although Pennsylvania follows, as you indicate, the doctrine of employment at will, there is an exception for a violation of public policy. Firing someone for use of workers' compensation benefits is recognized as such a violation. You should talk to your attorney about the case of Shick v. Shirey to see if you fall within the same circumstances as the plaintiff in that case.

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Answered on 4/21/07, 3:12 pm


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