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

Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off that I did not request and was told after many months that I would need to have FMLA approved , however, mail delivery was almost non existent and after 2 weeks the request was denied although I did not receive paperwork. My doctor agreed that FMLA was not appropriate because conditions at work were making me sick and would not get involved. Day before I was to return I was told without FMLA approval I would be terminated and it would be wise to take an early retirement at 62, which took $500 off my monthly SSI benefits . Could not Cobra my benefits - they could not match my name with SSI# . I took a 50k loss and all benefits and am now at poverty level . Just the beginning of nightmare

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

A: That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the date of exposure to do so. I would suggest that you contact a local workers' compensation lawyer as soon as possible to review the details of your claim, since you may be entitled wage loss and medical benefits in regard to your work injuiry.

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