Legal Question in Workers Comp in Pennsylvania

Re: Workmans Comp

First, you should be commended for returning to work after injuries which must have been very serious and painful.

Second, you actually have 3 reasons to consult an attorney, if you haven't done so already.

To answer your direct question, you may be able to take legal action BEFORE you leave the company. Specifically, the Americans with Disabilities Act protects workers from discrimination. If the injuries don't impair your ability to do the job (or reasonable accomodations could be made), the company should not be allowed to deny you a promotion because of the injuries.

If you quit voluntarily, that could create a problem in any claim. (You'd have the additional burden to prove that the discrimination was so bad it forced you to quit, called "constructive discharge." So you need to consult a lawyer who handles employment discrimination cases, BEFORE you think about leaving the job. There's many good ones here in Philly and I'd be happy to make a referral.

Second, if you have visible disfigurement from the burn injuries, you may be entitled to an award of additional workers compensation. You should see a comp attorney about that. (again, I'd be happy to make a referral).

Third, it's possible that some party other than your employer might be liable for the injuries. If you haven't reviewed the facts with an attorney who handles products liability and workplace injuries, you should do so promptly -- you still have 9 months left on the statute of limitations. That's the kind of work my firm does, and I'd be happy to discuss it, no obligations. Feel free to call or email me.

Re: Workmans Comp

It depends. You may not be able to do anything about thepromotion, however, you may have other causes of action. How were you burned? Was there an equipment malfunction? Was the cause of the burn due to the employers negligence?