Williamstown, NJ asked in Workers' Compensation for Pennsylvania

Q: i was placed on light duty awaiting surgery on my shoulder. There is really no light duty. What can I do?

I have a torn rotor cuff and I am awaiting surgery. Which my restrictions there is very little i can do. What should I do? Should I talk to my boss about going back to the Dr and have him change me to not being able to work due to my injury? If no work that I can do i will be sent home and would have to use vacation time if I have any to cover the lost hours. This has already happened to me yesterday. And I just seen the Orthopedic Dr on Tuesday and that is when he gave me my restrictions and put in for surgery. He does not know how long it will take to get me in for surgery.

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3 Lawyer Answers

Alexander Palutis

Answered
  • Workers' Compensation Lawyer
  • Harrisburg, PA
  • Licensed in Pennsylvania

A: You should make certain to report your injury as work related. That will insure that your employer reports this to their Workers’ Compensation Insurance Cartier.

If they investigate and accept your claim, then Workers’ Compensation will cover your wage loss and medical bills.

You may not have to use your personal time if you lose more time from work due to the injury.

It is best to consult with a Certified Workers’ Compensation Attorney in your area.

Best of Luck !!

Glenn Neiman

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

A: The first thing you should do is meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. You are asking for legal advice, which we cannot do on these boards (we can only give general legal information here). Generally speaking, it is up to the employer whether to provide work consistent with the physical restrictions of an injured worker, and if work is not available within those restrictions, generally, the injured worker is entitled to temporary total disability benefits. I say "generally" a lot in that, since things depend on the facts in each case. You would be best served by getting an opinion based on the exact facts of your case. Good luck!

Alexander Palutis agrees with this answer

Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Is the shoulder injury from a job injury? If so follow attorney Pallutis' advices, and seek the advice of a member of the Pa. Assn for Justice who handles work related injuries --they give free consults. If the shoulder injury was due to someone else's carelessness, feel free to give me a call--as a PAJ member I give free consults.

If it wasn't a job injury, you need to report it, see if there is sick time, any short term disability etc. If they have no work for you you may file for unemployment if there is other work you may do. Depending on the nature of your work, if both shoulders require surgery you will be out for a significant amount of time.

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