- Jurisdiction
- Pennsylvania
I'm a truck driver in PA. My fiancee and I have had longstanding plans to spend this winter back in her native country getting married and taking a 3 month honeymoon we've been saving for. Already gave notice to my employer that my last day will be 12/1. I've got a flight booked out of the country on 12/2.
I was out of work for 6 months earlier this year with a torn ligament in my left knee. Came back to work in September, looked to be fully recovered. Now, just a few weeks before leaving, I started experiencing pain in my left ankle and am back on worker's comp. Unclear if its related to the knee or a new injury, but the doc wants me in a walking boot, and I can't drive a truck with it on. Two weeks of rest doesn't seem to have done anything. Awaiting MRI results.
Postponing the trip to stay here and get the ankle fixed isn't really an option; not only would we be out thousands on cancelled flights and wedding plans, but so would other people who've already booked flights to come to the wedding (12/30). Getting Insurance-company-approved medical care in her country is not likely either.
What is my situation with worker's comp, legally? I told the insurance company that I'd already given notice to my employer to be leaving 12/1, and they said that didn't matter and that I'd be getting paid worker's comp "until you are cleared to return to work." But I was not planning on even trying to return to work until I get back in March and look for a new job.
I'm assuming they're not just going to keep sending me checks all winter until I next pass a DOT physical, and I'm assuming that worker's comp is contingent on me going to my physical therapy or checking in with a doctor or something. And that's fine, but on the other hand, I'm also very fearful of waiving my rights and saying I no longer have a claim in the event that this turns into some sort of lingering issue. What is my legal situation and what are my options?
Thanks!
I was out of work for 6 months earlier this year with a torn ligament in my left knee. Came back to work in September, looked to be fully recovered. Now, just a few weeks before leaving, I started experiencing pain in my left ankle and am back on worker's comp. Unclear if its related to the knee or a new injury, but the doc wants me in a walking boot, and I can't drive a truck with it on. Two weeks of rest doesn't seem to have done anything. Awaiting MRI results.
Postponing the trip to stay here and get the ankle fixed isn't really an option; not only would we be out thousands on cancelled flights and wedding plans, but so would other people who've already booked flights to come to the wedding (12/30). Getting Insurance-company-approved medical care in her country is not likely either.
What is my situation with worker's comp, legally? I told the insurance company that I'd already given notice to my employer to be leaving 12/1, and they said that didn't matter and that I'd be getting paid worker's comp "until you are cleared to return to work." But I was not planning on even trying to return to work until I get back in March and look for a new job.
I'm assuming they're not just going to keep sending me checks all winter until I next pass a DOT physical, and I'm assuming that worker's comp is contingent on me going to my physical therapy or checking in with a doctor or something. And that's fine, but on the other hand, I'm also very fearful of waiving my rights and saying I no longer have a claim in the event that this turns into some sort of lingering issue. What is my legal situation and what are my options?
Thanks!
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