Legal Question in Workers Comp in Pennsylvania

workers comp/layoff

I am laid off on workers comp due to my boss not being able to provide work for me. A subcontractor that works for my employer, asked me if I could do about 2 days of work directly through him at my employers office. My boss said it was OK. Will this work effect my workers comp check in any way? The work does not over step my restrictions in any way.

Please advise.

Thank you.


Asked on 2/09/09, 11:45 am

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: workers comp/layoff

This can not be good. It will come back to haunt you. It may even be a set-up. While injured employees should do what they can to return to economic vitality, working at the job site of your time-of-injury employer is asking for trouble. For only 2 days' pay you will be changing your WC status from temporary total disability to temporary partial disability. You will change the burdens of proof if your carrier does not automatically restore you to TTD after your 2 days' work. Should you not report the miniscule income for 16 hours, you can be penalized for failure to report earnings.

You may be secretly filmed to later permit an inference of malingering. I have never seen this before. I used to work for the Bureau and have done mostly Worker' Comp for 20+ years.

Look at section 413 of the Act and ask yourself if it is worth risking your benefit status.

Good Luck.

TV

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Answered on 2/09/09, 2:58 pm


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