Legal Question in Workers Comp in Pennsylvania

I was hurt at work which resulted in time off due to the injury for which I was paid compensation. Upon returning to work, once recovered, I was suspended without pay for three days because I was originally injured due to safety reasons. Is this legal? I reside and work in PA.


Asked on 11/19/12, 8:49 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

This seems to be a retaliation for asserting your rights under the workers' comp statute. You may have a common law action under Shire and Schick Lumber or even a Title VII case. If you had discussions with other workers about the underlying unsafe working condition you may be protected under section 8 of the NLRA/LMRA. Yor lawyer will want to explore a lump sum resolution. If you are back to work with no residual disability the value of your case will be less than if you retain some physical limitation which necessitated your time off from work. In short, your lawyer will get you back those three days unless your were intoxicated at the time of the injury - in which case you shouldn't have received WC at all.

Good luck,

TV

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Answered on 11/19/12, 11:51 am


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