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

Q: I am an employer (16 employees) with an employee who was injured on the job in Feb of 2016. He is unable to return to

full duty and I have no consistent modified duty work for him. WC Dr's now claim that he is healed, but his Dr's disagree. I wish he could return to full time duty, but I agree with HIS Dr's and him in that he CAN'T do the job. I have kept him on my healthcare plan while he has worked intermittently, but now what can I do since I no longer have even modified duty for him. Do I have to lay him off? Do I have to remove him from my healthcare plan? I want to do what's right for this dedicated and valuable (former?) employee, but I need to know what my options are...my business is domeciled in PA. I would appreciate any input. Thank you.

2 Lawyer Answers

A: For starters you can call the insurance company and tell them. If that doesn't work, then I would suggest you tell your employee you don't mind if he gets an attorney (he wouldn't be suing you, just the comp carrier). He may have other avenues. If you have questions feel free to call.

A: If your Workers Compensation Carrier has received the results of an IME that has released your Employee back to work and you have work available, discuss with your Carrier and let them handle the situation. They would be able to provide you with guidance on how to handle the situation.

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