Pa. Work Injury Lawyers- Workers Compensation Question

Date: August 8, 2012
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Question: I was injured at work in 2010. I went back to work and my benefits were suspended. 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 comp and receive comp checks? Anonymous, Pa.

Answer: In this scenario, you returned to work and were working  and under a suspension of benefits and you were discharged from employment for what may be construed as willful misconduct. 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.

 

 

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.