Loss of Seniority in the Workplace after Partial Disability in Pennsylvania.
Loss of Seniority can also result from time missed. When the loss of seniority was involuntary, this loss is considered part of the loss in earning power.
However, if an employee voluntarily gives up seniority (for example refusing to take a job that was available and that accommodates the disability), then the loss in earnings associated with that loss in seniority might not be compensable. Likewise, losses in vacation pay may not be considered when the seniority is given up voluntarily.
This requirement has often led employers to intentionally offer jobs that are undesirable, but that accommodate the disability, in order to reduce the benefits received by the employee.
To better understand how seniority will work in your situation after partial disability, please consult a PA Workers Compensation lawyer.
When treatment can be received after Partial Disability in Pennsylvania
In seeking medical treatment while working after a partial disability, there is a burden on the employee to seek this treatment for this work-related injury outside of the normal work hours, when the treatment is “readily available”. This requirement has led to disputes over what is “readily available” since transportation and travel time may impact whether the employee could in fact get to the treatment outside of work hours.
If you are concerned about whether you can be compensated for the time you need to spend treating your partial disability, please consult a PA Workers Compensation lawyer.
Changes in the Pay Structure for Similar Employees Should Not Affect Benefits Received after Partial Disability in Pennsylvania
Depending on when the injury occurred (before or after June 24, 1996) – changes in the wages paid to similarly situated workers can (or can not) impact the benefits received.
There are a limited number of workers who can be used in comparison. The workers used must be similar to you in terms of wages and employment characteristics (experience, job description, duties, hours of employment, overtime history) in determining your loss in earning power.
You should consult an attorney to determine how changes in the pay structure of other workers may impact your benefits under partial disability.