Legal Question in Workers Comp in Pennsylvania

workers comp

I am off work now since june 1 2008. I was injured on the job and am collecting comp at the rate of 506 a week. If I am not back to work by december 1 2008 my employer intends to terminate me. Is this legal and can they stop my comp payments. Thanks Nick


Asked on 8/21/08, 10:22 pm

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: workers comp

A lawyer who knows both employment law and Workers' Comp might tell you that you have a wrongful termination case based on the public policy exception to at-will employment, and cite the Shirley case as support that you were fired for exercising your rights under the comp Act.

You will not have your WC terminated suspended or modified unless you yourself show an ability to resume economic activity (i.e. go back to work in regular or reduced capacity with this or another employer). Be Careful with what you sign. Get a lawyer, and she might negotiate a nice lump sum for you.

Good Luck

TV

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Answered on 8/25/08, 4:51 pm


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