Legal Question in Workers Comp in Pennsylvania

I have been on workers comp for 6 months and can now return to work on light duty. I cannot perform my previous job because of the injury. They will put me on light duty until they can find a way to let me go. My pay will be decreased. What are my options?


Asked on 9/08/10, 10:55 am

2 Answers from Attorneys

Richard Senker Senker Law Office

If your pay is decreased, work comp should pay you 2/3 of the difference between what you were making and your new pay. Usually, they pay you the same amount as you were getting before you got injured.

You have several options, but it's too complicated to write here. Feel free to call and discuss.

Richard Senker 1 866 AUTOCRASH

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Answered on 9/13/10, 12:04 pm
Terence Sean McGraw Warren & McGraw, LLC

Rich is correct. You would be entitled to partial disability pay. And, if you are let go, after returning to work, and the release is not due to any fault on your part, you would be entitled to reinstatement to total disability (what you are getting now, before going back to work.) It is, therefore, important to make sure you follow all the employer's rules and give them no reason to argue you were at fault.

Another option you have is to consider settling your workers compensaiton claim for a lump sum. Whether you should settle and when you should settle are important strategic questions that you shoud discuss with a workers compensation lawyer.

There are many other things that you need to know. I encourage you to start by looking at my web site www.mcgraw-law.com. Also look at my blog www.paworkerscompensation-disabity-lawyer.com.

You are at the stage of your case where you should really be talking to a workers compensation lawyer. Your situation is much more complicated than you probably imagine. Your questions are the tip of the iceburg.

Workers compensation lawyers, like me, consult with people for free. A workers compensation lawyer can't charge you a fee without the fee being approved by a workers compensation judge - so that you are protected.

You have nothing to lose and everything to gain by making that call. Your employer and its insurer know the rules of the game. You should to. 610-584-9400 or 610-213-0606.

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Answered on 9/13/10, 1:11 pm


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