Question: I was injured at work in 2013. I went back to work in the Spring of 2014 and my weekly workers comp checks stopped. I got fired last month for “insubordination” because I got into an argument with my supervisor and I cursed him out. Can I now go back on workers comp and receive comp checks? Anonymous, Pa.
Answer: In this scenario, when you returned to work, your wage loss benefits were suspended you were earning the same pay as you had been earning when you got hurt. You then worked for over a year at which time you had an altercation with one of your superiors. You were then discharged from employment for what may be construed as willful misconduct. From the perspective of workers compensation, in order to secure a reinstatement of wage loss benefits, you must establish that your work-related medical condition has worsened to the extent that you are no longer capable of performing the job tasks that you were performing at the time you were fired. You will need competent medical evidence that establishes this worsening of your condition.
If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.
