Legal Question in Workers Comp in Pennsylvania

You don't HAVE to take the job. But if you don't, work comp will deduct from your work comp checks the amount of money you would earn if you DID take the job. Therefore, you SHOULD take the job (if you are able to to it)--working is better than staying home and watching Happy Days reruns! Feel free to call if you want to discuss.

Richard Senker 610 279-1600

If the employer is featherbedding you with a light duty job becasue you cannot medically perform your previous job duties, then you, my friend, are a candidate for a Lump Sum Distribution. Get an experienced Workers' Comp. lawyer.

Hope you recover from your serious spinal injuries and HNPs.

Good Luck.

TV

First, you are not stuck with your choice of trerating doctors. After 8 months, you are free to go to anyone who you wish to see.

If your employer makes a bona fide light duty offer to your that is within your restrictions, you should consider going back to work. If there is a wage loss associated with your return to work, WC will be rsponsible to pay 2/3 of the difference between what you made as a mechanic and your new modified duty job.

As Rich mentioned, a bad faith refusal of a modified duty job can result in the reduction of your benefits based upon the wages you could have been making at that job.

If you are able to recuperate from your injury, returning to modified work will maintain your relationship with your employer and, arguably, make it easier for you to return to your regular profession when you are able.

If you are unable to recover the ability to return to your former occupation, it is unlikely that your employer will continue your modified duty position forever. They may advise you that the position is only for a limited period of time. If that is the case, and they lay you off, you would be entitled to reinstatement to you full benefits.

A more likely scenario, in that event, would be for you and your employer to negotiate a lump sum settlement. Such settlements come in many dfferent flavors and varieties. Settlement is not always in your best interest.

Becasue there are many differnet possbile "futures" to your case, it is impossible to fully advise you in this answer. I hope, however, that I have been able to provide you with some valuable information. I would be more than happy to discuss your situation further. You can call me at 610-584-9400.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

After 90 days from when you started treating for your work injury, you can treat with any doctor. If you feel the position would aggravate your condition, you should get a second opinion. If the job is offered, you do not have to take it. If your doctor says you can't do it and their doctor says you can, a Workers' Comp Judge will decide whether you could have performed the job.