Warminster, PA asked in Workers' Compensation for Pennsylvania

Q: on workers comp in pa . i want to jobs .what do i need to know

i want to take a job out of my trade cause . i wont be able to do the job. auto detailer. if i change jobs while have claim open. what goes on pros and con please

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2 Lawyer Answers
Richard Alan Jaffe
Richard Alan Jaffe
Answered
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: Pennsylvania is a "wage loss" state and as such, if you are unable to perform your pre-injury job and find alternative employment in a less strenuous position you will be effecting the "value" of your case depending upon your current earning capacity. For instance, if you were earning $750 per week in your pre-injury capacity and accepted a lighter duty position in an alternative trade earning $500 per week you would then be entitled to Partial Disability Benefits based upon your $250 per week loss of earnings, if your Claim were found compensable.

Before taking any steps to find alternative employment, it is my recommendation that you consult with an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies and whether, or not, it would be prudent to seek out alternative employment while your cases pending.

In addition, it is most important that any alternative employment be approved by your treating physician as excepting a position beyond your restrictions may further limit the extent of your Claim.

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Glenn Neiman
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Answered
  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: I agree with Mr. Jaffe. Prior to making a decision on returning to the labor market, it would be wise for an injured worker to consult with both their medical and legal professionals, to make sure the best decision is made. If an injured worker does not have an attorney, then this would be an excellent time to get one!

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