[seangaley]

I was injured at work 4 years ago and went through 11 months of hell. I was misdiagnosed with a back sprain by company docs. Afte 8 months they finally sent me to a neurosurgeon who realized that the MRI was misread and I did indeed have a herniated disc. I was harrassed throughout by managers. After being cleared to work I was the only one in my position NOT given on the job training for the next position in line. I was told that I should have been readying myself for the next position while on light duty(although I was forced to it in one spot the whole 11 months). I made a good recovery on my own(I found my own PT and even lost 50 pounds to aid my therapy!). My hard work was not rewarded. I was told that I was faking, milking, and even told my our operations manager that I needed a shrink, LOL. Our plant saftey manager even pulled another injured employee off site to tell him that we were both being recorded(audio only) by other employees at the order of on site managers. Well, here we go again, the same training program is up again, and everyone else in my position is being given the training but me, unreal! I was given the same answer when I asked why I was being given training: That I should have been ready while on light duty. This is madness. Now here we go again, my back is killing me. My question is: Can I go out on workmen's comp or do I HAVE TO accept light duty? I want to remain on WC until I find another job/fix my back. I then want to sue for harrasment and neglect(the injury occured as a result of negilence, a piece of equipment was improperly maintained.) Please help me with detailed answers.

[RedT]

Can I go out on workmen's comp or do I HAVE TO accept light duty? I want to remain on WC until I find another job/fix my back. I then want to sue for harrasment and neglect(the injury occured as a result of negilence, a piece of equipment was improperly maintained.) Please help me with detailed answers.

In most states YES, you have to work lilght duty if it is offered. Moreover, workers' compensation benefits are provided in place of remedies in tort (ie. negligence) so you are barred from suing for negligence having accepted comp.

Some states do, however, have specific laws that apply to harassment of an employee for having filed a comp claim. This might be your best bet, but you should talk to an atty familiar with your states comp laws and rules to see if it would apply to you.

[seangaley]

This occurred in PA, can you be of further help?

[RedT]

Thisis what I found:

The Superior Ct of Penn found consistently that a termination of the employee for filing a workers’ comp claim himself are both against public policy. Rothrock v. Rothrock Motor Sales, Inc., 810 A.2d 114 (Pa.Super. 2002). The the Rothrock case the court also found it was illegal to fire the manager for failing to disuade the employee from filing a comp claim.

The at-will employment doctrine has historically provided that absent an employment contract, an employer is free to terminate an employee at any time, for any reason. Henry v. Pittsburgh & Lake Erie Railroad Company, 21 A. 157 (Pa. 1891); McLaughlin v. Gastrointestinal Specialists, Inc., 750 A.2d 283 (Pa. 2000). Pennsylvania has been consistently reluctant to erode this convention. Nevertheless, several narrow exceptions have been carved out based upon matters of public policy. See e.g., Shick v. Shirey, 716 A.2d 1231 (Pa. 1998) (holding that an employee was wrongfully terminated for filing a workers’ compensation claim); Highhouse v. Avery Transportation, 660 A.2d 1374 (Pa. Super. 1995) (concluding that an employee was wrongfully discharged for filing an UC claim); Raykovitz v. K Mart Corp., 665 A.2d 833 (Pa. Super. 1995)(same).

There does not appear to be a specific statute addressing other discrimination for filing/reporting/persuing a comp claim and I cannot find where the court has made specific findings on harassment other than termination. BUT this does not mean that no such law/caselaw exists. I just can't find it.

I would recommend taking advantage of a free consultation with a comp attorney (I recommend an atty who specifically practices comp) to see if you have anything.

[aaron]

Pennsylvania doesn't have its official statutes online as of yet. A partial, unofficial set of Pennsylvania worker's compensation statutes is available here.

[seangaley]

I was also offered a buyout from the workmen's comp insurance company if I offered a resignation. Does anyone know if there is a standard amount for specific injuries? I have a herniated disc, L5-s1, that will never heal completely. If they are always liable for the injury wouldn't they calculate, say a few years pay plus possible costs, ie a surgery(which would run into 6 figures)? Thanks for the advice again.

[seangaley]

Also I forgot to mention that I was injured while working on faulty equipment that was improperly maintained. The jb I was ordered to do had no JSA(Job Safety Analysis). My supervisor asked for one to be written after the injury and management refused. They also rtried to get my supervisor to change the accident report. He refused. Would a lawyer run with this? Keep in mind I work for a HUGE company, we employee 250,000 employees worldwide.

[Mr. Knowitall]

The insurance company tries to calculate its future costs for the case, reduce them to present value, then offer a settlement which they expect will save them money. You may wish to try asking other injured workers their experiences at a site like Workers Compensation Insurance . com.