Legal Question in Workers Comp in Pennsylvania

I am currently off work because of a work related injury.How far can yor employer make you travel to a light duty job? and is 147 mi. one way unreasonable?


Asked on 1/21/10, 9:35 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Sounds unreasonable to me. But jobs are hard to come by. If it pays well and you are being paid portal-to-portal, think about it. If you have to drive on your own time and own dime, then maybe you should be prepared to litigate.

Most legal questions can be answered, "it depends." You have a duty of good faith under the Kachinski cases (Vepco Construction), but a workers' compensation Judge would very likely see the futility of driving 3 hours, working an hour and a half and driving home 3 hours.

However, these matters are fact-dependent, like in the case of a Lineman who installs cable and receives housing and travel allowances.

Your WC Attorney will probably not charge you for discussing the matter in confidence. Just saying the obvious - your employer could read these public boards and you only pay a lawyer one-fifth of what he gets for you.

Here's the good news -- like that Chinese saying that one word means "crisis" and also "opportunity:" the iron is hot and it will soon be time to strike a bargain on a one-time lump sum settlement whereby you and the time-of-injury employer and its carrier settle your WC case.

Call or write if you need counsel.

Good Luck.

TV

Read more
Answered on 1/26/10, 10:12 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Pennsylvania