Question: I injured my back at work unloading a truck in 2019. I had surgery and was out of work for about 9 months. I collected workers compensation benefits during that time. My doctor released me to go back to work light duty in January, 2020. I went back to work with my employer working a desk job sorting papers in the office. I was laid off in early March due to the COVID-19 shut-down. Can I file for workers compensation? My back still hurts and I’m not 100%? Anonymous, Scranton, PA
Answer: If you were under work limitations related to your work injury when you were laid off, and the lay-off was through no fault of your own, you may be eligible for your workers compensation wage loss benefits to be reinstated. You should contact your doctor and secure documentation that you remain under restrictions that preclude you from performing your time-of-injury job position and that those restrictions are directly related to your work injury. You can then file a Petition to Reinstate Compensation Benefits with the Pennsylvania Department of Labor & Industry, Bureau of Workers Compensation.
If you or one of your members wants to discuss your options, please reach out to our workers’ compensation attorney, Tom Cummings, at <tcummings@dlplaw.com>
