Driver manager caught in a lie....

I am a white male, 63 yrs old. I am alleging the employer terminated my employment because of my back injury, from which I fully recovered after 24 hours of medical treatment. PA law has workers comp for work related injuries, and allows a civil rights claim for non-work related injuries, if you can show a discriminatory action related to that injury, which I can.

They terminated my employment because I had this injury.

 

I worked in hr for 30 years, and have dealt with these type cases before. I only have a $508 claim for medical expenses, and I would have to pay an attorney out of my pocket for that much or more. I cannot collect more than $508 from workers comp, as that is all my medical expenses. Since I work part time I only missed one day of work, and PA has a 10 day deductible for work comp days off. This is not a big money case, unless I am denied work comp by the judge.....then it gets to be worth enough to pursue a civil remedy.

Once I get to the civil rights complaint, the state does the investigation. After they give me a right to sue letter, that case increases in value and that is when I get an attorney to take the case. Even then it is still only worth a few thousand dollars at a minimum, at a maximum maybe a years pay, which for me is only 10k, as I work part time. I may be overly optimistic on the max amount.

An attorney would get $3,300 for a 10k settlement....not sure I could get an attorney to bite on a case for that small amount. If I got a settlement of $2,000 the attorney only gets $600. That won't fly.

Bottom line, I want the employer to pay the $508 medical bill.

 

I should add, if it ruled this was not a work related injury, I can pursue legal remedy for the injury as non-work related with the state civil rights commission.

I can't go to the civil rights commission until the work comp judge makes a ruling that this injury did not arise out of and in the course of my employment. Once it is legally declared to not be work related, the door opens for me to claim employment discrimination due to my back injury, which is prohibited by state law.

Isn't administrative law fun? I had a semester of admin law in college, and I worked with admin law for 30 yrs working in HR.

 

I will post updates as decisions are made. Thanks.