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I was recently injured at work and both the WC doctor and my doctor subsequently put my on a lifting restriction. My work however says that being on a restriction means I can't fulfill the essential job function and can't work. (Job requirements are to lift 50 pounds my restriction is 20). They "suggested" I talk to my doctor about whether I really need those restrictions. In the past the have found work to do for other employees on restrictions. It seems like from what I've read that because I was injured at work they do need to provide me with work within my restrictions but I'm not sure. I'm in Pennsylvania, thank you for any help.
The employer DOES NOT have to find work that fits with your restrictions. There was a time that I was released for work with restrictions. Before I was released for work. I was receiving monitary benifits from WC. After being released for work with restrictions. The monitary benifits stopped. Then there was a point when there was no work for me to do with in my list of restrictions. So my WC monitary benifits restarted.
With all that being said. The employer DOES NOT have to find work that fits the restrictions.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
If they do not have work within your restrictions, you have a claim for wage loss benefits. Like Bummer said, the restrictions are there for a reason. If your employer does not voluntarily start payment of wage loss benefits, you will need to file a petition. I am very familiar with PA WC laws, so feel free to message me privately if you have any specific questions that you do not want to post on the general forum.
Bummer Knees Wrote:The doctor gave you lifting restriction for a reason, to prevent additional injury.
Working outside of the lifting restrictions will only cause harm to yourself.
Most states wage loss is paid under work comp when an injured worker is not able to work and has not reached MMI.
Does that apply for part time work as well? I don't want to go against the restriction because I'm worried about hurting myself worse and not being able to work at all which will not benefit anyone. Thank you for the information so far
I am not sure I understand the question, but I will try to answer. When you are injured, your average weekly wage (AWW) is calculated based upon your earnings from the time of injury employer over the prior 52 weeks and would also be increased to include any concurrent employers you may have at the time of the injury. This is true whether you were a full time or part time employee. Your compensation rate is a percentage of the AWW. There is a maximum compensation rate which you can not receive more than regardless of your AWW, and depending on your AWW the percentage may be 2/3 or 9/10 for lower wage earners.
If you are not working at all as a result of your injury, you would be entitled to your full compensation rate. If you are able to return to work part time earning less than you were when you were injured you are entitled to a partial disability benefit derived by subtracting your actual earnings from your AWW and multiplying the difference by 2/3.
(11-17-2010, 02:52 PM)tarabeth Wrote: Does that apply for part time work as well? I don't want to go against the restriction because I'm worried about hurting myself worse and not being able to work at all which will not benefit anyone. Thank you for the information so far
Don't do what I did! I did a task at my light duty job that my doctor restricted and it exacerbated the original injury. I was in excruciating pain and had to have another operation. Please listen to your doctor. S/he has no ulterior motive other than to make you well! Your employer wants to get you back to work ASAP because Comp claims are expensive.