Pittsburgh, PA asked in Employment Law and Workers' Compensation for Pennsylvania

Q: Wrist injury returned with 2 lb limit. Super says use right hand only, ask for help in heavy lifting.

I work in dietary at a senior care home, supplying small dining room kitchen from stores in downstairs main kitchen, setting tables and trays, serving residents drinks, soup, salads, desserts in dining room, bussing tables, rigorous cleaning of kitchen daily, passing out water pitchers to rooms. I advised super of possible probs, she offered above alternative. Finding help frequently impossible. Overuse of right hand/arm producing tingling numbness in fingers and hand which I fear will lead to injury to opposite hand/wrist/arm. Will be working 2 more weeks at least, am afraid in meantime my grip will give out and possible hurt a colleage or resident.Have talked to super about difficulties, saying "I don't think I can do this anymore", which I fear will be interpreted as "I want to quit." If I am fired or forced to quit how will that affect compensation case?

1 Lawyer Answer
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: If work is being provided within your restrictions you must perform the work provided or risk losing your wage loss benefits; however you are not required to exceed your work restrictions. If an assigned job is beyond your restrictions, you do not perform the job, but rather inform your supervisor that the job is beyond your restrictions. If you are offered work within your restrictions that you cannot physically perform, you need to address this with your doctor who may or may not modify your work restrictions. If your employer does not have work within your restrictions, you enjoy a presumption that your loss of earnings is related to your work injury, and may be able to receive wage loss benefits based upon this presumption.

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