Q: WC, post 2nd surgery. 1st surgery off for 8 weeks. 2nd surgery so far 4 weeks. The pain has not resolved.
Was told today if I don't return to work next week my position will be posted and I "will have to seek other employment". What are my options? Also how can I be fired while out per my surgeons orders and this is Workers' Comp?
A: Workers' compensation does not provide any additional job security; however, losing your job for being unable to return does not mean that your workers' compensation benefits stop. If you are receiving benefits under an accepted claim, your benefits continue until the employer/carrier proves that you are no longer suffering a loss of earnings from the work injury. It sounds like your employer is starting to "play games" so you may want to talk to a local workers' compensation lawyer to make sure your rights are being protected. The initial consultation is always free.
Richard Alan Jaffe agrees with this answer
1 user found this answer helpful
A:
I am sorry to hear about the problems that you are experiencing as result of your work-related injury.
Unless you are a Member of a Union, or have been approved for FMLA, being on Workers Compensation does not guarantee that your Position will be there when you are recovered sufficiently to return to work. If you work in a small shop, especially, your being out on Workers Compensation may be a hardship to your Employer resulting in their need to fill your position.
Even though your Position may be "posted" you are still entitled to continue to receive Workers Compensation benefits along with reasonable and necessary medical treatment until such time as your status shall change within the meaning of the Pennsylvania Workers Compensation Act, as amended.
It would be my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to discuss your rights and remedies. The initial consultation will more than likely be free of charge and most Attorneys except Workers Compensation Claims on a Contingent Fee Basis.
1 user found this answer helpful
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