Visitor Question

Will I be assigned a new job after functionality test for injured ankle?

Submitted By: Anonymous (Sharon, Pennsylvania)

I’m an in-house technician for a utility company and 16 months ago I severely injured my ankle. I have been doing physical therapy and had surgery to repair torn ligaments, etc. I still have pain in the ankle and trouble walking up/down stairs.

I’m 44 years old and feel like my legs are 80 years old. I now have pain in both knees. I’m getting a functionality test next week and I’m concerned about my employer offering a completely different job. I’ve been doing this job for 21 years.

What are my options? Do I have to accept any job they offer even though I have constant pain? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Pennsylvania is an “At-Will” employment state. This means unless you have an employment contract, or union guarantees, your receipt of workers comp benefits does not include protecting your job, or requiring your employer to find another job which will accommodate your physical limitations.

As a result, if you are out of work and receiving workers compensation benefits, your employer may be able to terminate your employment or lay you off if he or she cannot reasonably accommodate your physical restrictions.

However, your employer is strictly prohibited from terminating your employment or laying you off because you filed a workers compensation claim (or if you are testifying in another person’s claim).

For more information about Pennsylvania’s return to work policies see:
Return-To-Work: A Model For Pennsylvania Business And Industry

Learn more here: Returning to Work After an Injury

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

Published:

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Leave a Comment

Don’t ask a personal injury question here – comments are not reviewed by an attorney. Ask your question on this page. Required fields are marked *