Can i be laid off because of Carpal Tunnel?

Asked in Hazleton, PA , on Feb 13, 2015

I started working at a warehouse 2 months ago, and a week ago i have been feeling pain on my hand, i self diagnosed myself with Carpal tunnel based on the symptoms, my jobs told me to get a Doctor’s letter clearing me for work until then i can’t come back to work, (but i feel like they are trying to lay me off, because a doctor will clear me for work, but with restrictions, can my work place lay me off or fire me even with a doctor’s letter that clears me for work with restrictions? because they claim that Carpal tunnel happened before i worked there, but i have proof from my last doctor’s visit which was a month before i started to work there, that shows i never once reported any pain or symptoms to my hand before, and this started to happen a month after i started to work there.

Answered on Feb 14, 2015

I agree with Chris, this is a very difficult position to be in especially if you have some conflicting goals. Often times the employer is not eager to bring back an injured employer, often they have financial incentives to part ways with workers early in a claim. Compensation for a work injury tends to bottle neck into a process and the perfect/proper world handling gets clouded in the claims management process. Sometimes an injured worker gets more than they otherwise would be entitled, sometimes if is shamefully less. Either way, this is a tough place to be because the injurer/employer is viewing you as an adversary who can cost them money. You should get the guidance you clearly need now, most people in this field consult for free so there is not much of a risk. As an aside, I hope it is not the Amazon warehouse, they are very difficult to deal with. Good luck.

What is neurological examination?

Asked in Philadelphia, PA , on Jun 13, 2014

I would like to know what is independent neurological examination ask by insurance company. What to expect and should I get a lawyer. I have cervical injury and I torn my right rotator cuff. I am currently receiving benefits from WC. A friend of mine read that most herniation happen in lumbar not cervical spine. I am 51 years old, worry about my future.

Answered on Jun 13, 2014

I am guessing you will have a difficult case, not necessarily because of whether it is compensible but because of the mix of should and cervical injuries. You should talk to an attorney about all of these issues because the mix of injuries could give the company an opportunity to deny you claim or not accept all of the conditions you now suffer from. These conditions could effect your future earning capacity. You definitely need someone to manage the claim and make sure you are treated fairly. The insurance company is not in the business of just paying claims. Good luck.

Water damage due to incorrect installation of kitchen appliance, liability under PA state law

Asked in Quakertown, PA , on Dec 27, 2011

A customer is stating that installer is responsible for a dishwasher installation completed March of 2007. Steam from the dishwasher vent has, according to the homeowner, damaged his laminate countertop. Is this beyond the statute of limitation for workmanship? Where can I find the specific laws pertaining to same?

Answered on Jan 3, 2012

A negligence suit must be filed within 2 years and, in most cases, a breach of contract action must be filed in 4 years. However, if applicable, a consumer may bring a suit for unfair consumer trade practices, which has a longer statute of limitations.

In PA can you be fired while out on workmans comp?

Asked in Brookhaven, PA , on Dec 24, 2010

I have an acute fracture and was advised by a orthopedic specialist to file a workmans comp case.. I am a mechanic and I am the only mechanic at the collision shop that I work at and have 2 children at home to worry about. If I file in PA can my boss let me go? And if he does can I do anything about it?

Answered on Dec 27, 2010

You should definately contact a workers compensation attorney. I have a legal guide on my profile that can walk you through some of the early considerations that you can review. However, if the orthopedic specialists is telling you that you are going to be out for a while, you should really speak with someone in person to find out what benefits are available to you. Protecting your job and preserving your entitlements are both issues that need to be considered.

Timothy P. Brennan, Esq.
Croslis & Brenn an Law Offices
2030 Tilghman Street, Suite 203
Allentown, PA 18104