Is it illegal to abandon someone outside their home state

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.

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.

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