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answered on May 9, 2019
I agree with Mr. Belt. That suggests they are preparing litigation against you to lower or stop your benefits. Consult with an attorney certified as a specialist in workers compensation law.
9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We... View More 
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answered on May 9, 2019
I agree with Mr. Jaffe and Mr. Belt. Cases take varying times, depending on the facts of each case. Every litigation is different, since every case has different facts. The only one who can answer this question is your attorney. I will note, unfortunately, it is not unusual to litigate a case... View More
I had a sonogram done and the dr said there was a torn muscle and 2 small hernias'. Work comp called me yesterday and said they are dynein my claim but my dr told me I can not return till I have PT
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answered on May 9, 2019
The answer is that you need to consult with an attorney, preferably one certified as a specialist in workers' compensation law, asap. A Claim Petition will need to be filed and litigated. An attorney can explain in more detail how this will work based on the facts in your case. Good luck!
I had a workers compensation settlement in April 2015. They agreed to pay medical until the date of settlement. Last year I found out there was unpaid bills. The rep stated my medical provided was coding them wrong. Both the billing dept and the comp carrier said it would be taken care of. This... View More
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answered on Apr 11, 2019
Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether... View More
I returned to work on light duty after shoulder surgery , The doctor has ordered physical therapy . I go to therapy 3 days a week . I work 7-3 and I leave work 2 1/4 hour's early to go to therapy , does workers comp pay for those hours lost from work ?
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answered on Jan 31, 2019
Generally speaking, if the treatment is available outside your work hours, but you miss work to have the treatment, you would not be entitled to workers’ compensation benefits for the time/wages you lose. You should meet with an attorney certified as a specialist in workers compensation law to... View More
Im a heavy equipment operator but they’re light duty is being a janitor and cleaning the hepatitis type bathrooms.
Chambersburg, Pa
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answered on Jan 16, 2019
Generally speaking, as long as a job is within your physical capabilities, and you are qualified to perform the necessary tasks, a judge or court will not look kindly if you elect to decline a job. That said, every situation is different and you should consult with an attorney certified as a... View More
Or a chance at further injury/illness.
Also for some strange reason I got wrote up for “using the wrong break room” and somehow I’m a distraction to other employees. How can I counter their childishness, I’m just trying to work and do what I’m told until this is over..
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answered on Jan 16, 2019
The short answer is NO, you should not be made to work beyond the restrictions placed upon you. The longer answer is that you should immediately contact an attorney certified as a specialist in PA workers' compensation law, whether my firm or another of the fine attorneys on this board, so... View More
There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board
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answered on Jan 9, 2019
As Mr. Palutis indicated, an employer is required to report a work injury to the PA Bureau of Workers’ Compensation. This is to be done by a specific form, Employers’ Report of Injury. Failure to report the injury could lead to penalties for violating the PA Workers’ Compensation Act.... View More
It’s a PA claim. I live 10 minutes from Philadelphia.
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answered on Jan 8, 2019
The scheduling of an IME is basically whatever a judge would find reasonable. Often, the judges give great latitude to the insurance companies on this, but every situation is different. This would vary depending on the type of injury, where you live and where they want you seen. Talk to an... View More
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answered on Dec 26, 2018
I agree with Mr. Belt. Workers’ compensation and FMLA accomplish different goals and can be taken together. Workers’ compensation provides wage loss and medical benefits, but does not protect your job. On the other hand, FMLA does not give any monetary or medical benefits, but does provide... View More
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answered on Dec 11, 2018
I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you!... View More
I was told the company doesn't have workers' comp insurance. Is this legal? What do I do now?
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answered on Nov 26, 2018
No, this is illegal. In fact, your employer’s failure to carry workers’ compensation insurance in PA is a crime. You need to immediately get an attorney, preferably one certified as a specialist in workers compensation law. There are now very short time frames for filing claims when no... View More
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answered on Oct 25, 2018
There is no minimum number of employees to require an employer to have workers' compensation coverage in PA. Even if an employer has a single employee, the employer, by law, must have PA workers' compensation insurance. Failure to carry workers' compensation insurance in PA is a... View More
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answered on Oct 12, 2018
I agree with my colleagues - while the number of hours an injured worker works a week would have an impact on the amount of wage loss benefits the injured worker would receive, there is no minimum earnings required to be eligible for workers' comp benefits (similarly to there being no minimum... View More
I will only be out of work for 2 or 3 days.
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answered on Oct 11, 2018
First, an injured worker is not entitled to any wage loss benefits unless he or she is out of work for seven days (if out 13 days or more, then it is retroactive to the first day). Second, time lost to medical treatment is generally not compensable unless it is for treatment that cannot be... View More
I am still having symptoms and my Dr said he didn't want me lifting yet, but work took me off light duty and put me back on full duty, do I have a case?
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answered on Sep 13, 2018
I agree with Mr. Belt. You need to meet with an attorney certified as a specialist in workers compensation law immediately. Ultimately it is up to a Judge which doctor’s opinion is more credible, but just because an IME doctor says something does not make it so. Good Luck!
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answered on Aug 31, 2018
I agree with Mr. Buterbaugh. The evaluation into whether someone is an "employee" or an "independent contractor" can be complicated. What the parties call the relationship is often not the end result. But, yes, an independent contractor is not covered by workers'... View More
I hurt my shoulder, had surgery and now have reached MMI. They're Dr says I'll never be more than 85%. My employer says they don't want me back because I'll never be 100% and they don't have any other jobs for me. I'm happy with getting a settlement. I'm also 67 years old.
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answered on Jul 24, 2018
They have an attorney negotiating on their behalf - so should you. No attorney can answer your question, since negotiating a settlement is a complicated process, and requires far more information than we have.
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answered on Jul 13, 2018
There is no maximum time one can be “totally” disabled. As long as your doctor says you are disabled from work as a result of your injury, you should be entitled to workers’ compensation benefits (though a doctor retained by the insurance carrier may feel differently, and litigation may be... View More
I have a torn rotor cuff and I am awaiting surgery. Which my restrictions there is very little i can do. What should I do? Should I talk to my boss about going back to the Dr and have him change me to not being able to work due to my injury? If no work that I can do i will be sent home and would... View More
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answered on Jun 28, 2018
The first thing you should do is meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. You are asking for legal advice, which we cannot do on these boards (we can only give general legal information here).... View More
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