Asked in Bethlehem, PA , on Jul 29, 2015

My boyfriend works for a welding company based in PA. He and one other person are currently working in Albany, NY. He was injured on the job due to poorly maintained equipment. He needed stitches and was given narcotic pain medication. He attempted to work today on light duty, but between the meds and the heat he felt I’ll and was returned to the hotel. His boss began to act weird at that point attempting to force him to work. He proceeded to get a no work note from the doctor that took care of him. His concern at this point is that his coworkers will attempt to leave without him.

Answered on Jul 30, 2015

I do not know anything on point about leaving someone in another state, since the intent would have arose in NY, it would likely be a NY civil law question. However, the injury could be a PA workers compensation claim, if it was a contract/agreement in PA to work out of state. You should talk to a WC attorney as well. If the stitches are in a visible area, there might be a separate benefit that he would be entitled to – that the insurance company would never give voluntarily. The point of the claim where you are just hurt, if most important, if PA law applies he would need to avoid quitting or get fired at this point. That is out with restrictions is a good thing, they usually try to remove the restrictions and then fire people – less responsibility.

Asked in Connellsville, PA , on Sep 29, 2014

Back in June I was diagnosed with chiari malformation. My primary dr took me off work due to the bad headaches I get everyday. I also have numbness in hands and feet. I wanted to know if I have a case to fight for the short term disability and my insurance back? My employer also called and put me on final warning due too my dr not releasing me. I just wanted to know if I have a case or would it be a waste of my time?

Answered on Sep 29, 2014

You really need to talk to an employment attorney about the full details. There is the possibility of a WC claim and it is a common claim management strategy to fire people to avoid paying wage loss benefits when an employee goes out of work. Also, much of a short term disability claim will depend on the policy, which would have to be reviewed. You should contact someone to do a full review.

Asked in Trexlertown, PA , on Jan 28, 2014

Its 6 mos after my injury and was diagnosed with tarsal tunnel syndrome by the comp doctor without emg tests so i want second opinion and will wc insurance pay? And can i cancel my next appointment with comp doctor?

Answered on Jan 29, 2014

I generally get my clients away from the panel doctors for WC as soon as possible. I have seen some very questionable opinions from panel doctors who get many of their cases form the insurance companies. You should also be conscious that some employer’s impermissibly take action to discipline or remove injured employees to avoid liability for wage loss payments, so you should be sensitive to how your particular employer is responding. There can be pressure from the insurance companies. That said, an attorney would be helpful in most circumstances to tell you if there seems to be issues on the horizon, to help you with deciding how to move forward with treatment, timing and long term issues – I see many people’s claims permanently damaged because of going it alone and not anticipating many of the issues that come up. You should get a free consult.