Legal Question in Employment Law in Pennsylvania

Let go because of work related injury?

A month ago I fell on ice during work on a jobsite. I went through all the doctors visits and tests they sent me for. All tests came back negative. They told me there was nothing wrong with me. They lifted my light duty restrictions. I went back to work on normal duty. On friday my injury got agrivated and I was barely able to walk. I left work early. Later my boos called me back and said I was to be let go. What could I do besides collect unemployment compensation if they even approve me?


Asked on 2/08/09, 11:33 am

2 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Let go because of work related injury?

Document the aggravation by visiting a physician and proficing a history. If you have a broken bone, it will show up on an x-ray. Otherwise, an MRI, CT or NCV test may help your health care provider diagnose your injury.

Then, go to competent Claimants' Counsel, and tell him that you wish to bring a WC Claim petition and you also want to discuss suing the employer directly for wrongful discharge in retaliation for excercising your rights under the WC statute.

As it is, you appear as a malingerer or fake-out artist due to the lack of medical evidence. When Doctors don't care, the whole system implodes.

Insurance companies always accept their premiums payments and too frequently deny their insured customers' claims. Don't make it easy on them. Get a real Comp Lawyer, not a dog bite lawyer.

Good Luck.

TV

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Answered on 2/08/09, 3:51 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Let go because of work related injury?

You may have a claim against the location for failure to maintain the premises. You should give our officse a call.

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Answered on 2/08/09, 8:24 pm


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