Legal Question in Disability Law in Pennsylvania

Worker's Comp/Discrimination

2 yrs ago I had a fell at work that cause a knee injury with broken bones and ligament damage that required surgery. I also have Muscular Dystrophy and this fell cause me to be inactive for some time and caused my MD to worsen and I now have to use a wheelchair to transport myself. I was out on Workers Comp and my employer made some building modification so i could return to my job but still have a Workers Comp claim open since they didn't allow me to work more hat 40 hours a week. Now my employer relocated my job and Dept. to another location about 5 miles into another one of it's buildings. Then said to me that my job no longer exsists. Everbody eles I work with was relocated to the new Dept. without have to bid on the job at this location. The only difference in this job is that it is now in a clean room enviroment and requires some garbing policies. My employer told not to report to work and that I am back out on Workers Comp. I am required to see the company doctor this week. I was wondering if I should seek an attorney. Is this discrimination since everybody eles was relocated without question and i was told my job no longer exsists and i may need to see the company recruiter to see if they have another job that I can have.


Asked on 1/31/09, 12:10 pm

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Worker's Comp/Discrimination

You asked about possible discrimination.

From the facts you described it does sound like there may be a pending claim of discrimination.

Your employer does sound to be progressive though as it previously accommodated your limitations. An attorney can help guide you through the process of negotiating reasonable accommodations with the employer.

Regards,

Roger

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Answered on 1/31/09, 10:47 pm
Terrence Valko ERISA Disability Lawyer

Re: Worker's Comp/Discrimination

Discussing discrimination would be arcane in a case so ripe for settlement. Expect to give up the right to any employment-related lawsuits in exchange for a lump sum.

good Luck.

TV

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Answered on 2/03/09, 10:08 am


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