Legal Question in Workers Comp in Pennsylvania
Discrimination...or not?
Why is there no cost of living increase built into the Workermen's comp system as there is in the Social Security System? Is this not discrimination because I was injured on the job? Is my disability any less credible? Who can advocate for victims? It appears to me that the comp judicial system regulates itself and the injured worker in PA. has little or no rights under the current system. I have been on comp for 21 years now and we all know the cost of living has increased drastically in that time frame. Some people on social security are allowed to earn a specific amount of additional income where comp disallows any income. The Rent Rebate program in PA allows for 1/2 of social security income to be deducted for qualification purposes but not one cent is deducted for comp. Is this not discrimination? When I inquired of this at a local legislative level it was suggested to me to go to my local church for help. Thank God for food pantrys and CAP programs for utilities. Social Security has medical benefits built in but I have to obtain an attorney (for 20% of my check) just to make comp pay my medicals they are obligated by law to pay. Where is the justice in that?
1 Answer from Attorneys
Re: Discrimination...or not?
You're asking questions of social policy, not really a legal question. It's not discrimination, well, it's not illegal discrimination. Your comp benefits don't have a COL adjustment because the Pennsylvania legislature has not seen fit to enact one. The isn't any rule that says every type of disability benefit needs to be treated the same. W/C benefits are controlled by the statute, Title 77 of the Pa. statute laws. Judges don't have the ability to change that.
The last time the W/C statute was "reformed", it was the Republican legislature responding to lobbying of the business and insurance interests, to lessen the rights of injured workers.
The pendulum needs to swing back in this country. If you want peace, work for justice.
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