Could i sue the company I work for or this resident?

Answered on Jan 31, 2015

Yes this is clearly a workers compensation case. However, the next question I would have is – who is the employer. If it is a state institution like Wernersville, you may be entitled to additional benefits under Act 534. I recently litigated a case that was very similar. There is nothing to loose in talking to an attorney, anyone worth their salt will give you a free consult or at least talk to you about the case. Early in the claim is usually when the employer/insurer is most shifty and many of the reasonable things you do trying to be accommodating could hurt your case. Whoever, you talk to be sure to figure out if you are entitled to Act 534 benefits – which is a rarely used potentially permanent 100% wage loss program. Also, if you had overtime or can establish a higher average wage rate (did you get bonuses, paid meals etc), you could receive both benefits. Good luck.