Legal Question in Workers Comp in Pennsylvania

Workmans' Compensation...

When you're on workmans' compensation and you miss time due to that injury, can they hold that against you?


Asked on 7/13/08, 11:56 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Workmans' Compensation...

No! If you are treated unfairly or the victim of retaliatory discharge, contact your Attorney right away! Such action by an employer or its representative may be considered 1) grounds for a retaliation claim 2) a separate but similar wrongful discharge claim based on the at-will doctrine 3) trigger the anti-fraud provisions of the Act (more often used in an attempt to intimidate WC recipients), 4) obstruction if there is an on-going case 5) one of the remedies available under applicable federal statute such as Title VII if you are protected, and/or 6) breach of contract implied-in-law that you are permitted to participate in legal proceedings. Such contracts are disfavored as lacking a definate duration.

Maybe if your attorney obtained a nice settlement for you it would make you feel better.

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Answered on 7/14/08, 1:55 am


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