I'm on workers comp for 13 + months. I ve been told since July I was replaced in my job and being sent to night shift . My job was Monday - Friday 6:30 am - 3 pm. I've been there 32 years . I have never received any info on this from HR and nothing at all from my union. Emails were... Read more »
answered on Nov 13, 2022
Sadly, workers' compensation does not provide you with any guarantee that you will be returned to the same shift or even the same job title as before your injury. However, if you fail to report to an offered position within your work restrictions it may result in a reduction or even... Read more »
I know about Third Party Suits but I think the machine manufacturer is no longer in business. The company I worked for rigged the machine to suit its manufacturing needs. I incurred 3 partial amputations on my fingers because the machine was not running properly and broke. In addition to this, I... Read more »
answered on Apr 20, 2022
First, this is a complicated situation that you really should be handling through a workers' compensation attorney rather than attempting to do it on your own.
In regard to the negligence case, there would not be a claim for product liability if your employer modified the machine,... Read more »
On partial workers comp. I am working 40 to 45hrs
My normal is 55+ therefore I receive a partial workers comp check every week. 2/3 of amount below my average weekly rate.
I contracted covid and was hospitalized for 2 weeks and am now on short term disability (paid for by my... Read more »
answered on Dec 23, 2021
Since you are out for a reason other than the work injury, you would not be entitled to payment of the full rate. However, assuming your restrictions and the availability of work has not changed, you should be entitled to continuation of the partial wage loss benefit that you were receiving.
Workers compensation, work-related injury, fired because I reported sexual harassment while on the job. Received EEOC Notice to Sue letter scheduled to end November 27th. I need representation.
answered on Nov 10, 2021
Use the "Find a Lawyer" function at the top of this page to locate attorney's in your area.
My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... Read more »
answered on Nov 10, 2021
I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with... Read more »
fell off a ladder at a property while doing my job
answered on Oct 6, 2021
If you are injured at work, your only remedy against your employer or a coworker would be through workers' compensation. If you are a sub-contractor, or if your employer does not have workers' compensation insurance, you may be able to pursue a personal injury claim against them... Read more »
In months and they haven't responded to you about your case moving forward
answered on Sep 20, 2021
Call them up and demand a meeting. If they refuse, you have a right to take your file and go to another firm. The claim is yours, not the attorney's.
I am expected to sign a C & R that does not include any amount paid to Medicare for the health costs for the direct result of assault. They take no responsibility for this. I understand they need to put this in somewhere on the C & R. They do not want to do this, they don't want... Read more »
answered on Aug 17, 2021
I believe I responded to you before. It is up to you. You can sign the agreement and take the risk in regard to the medical issues, or you can try to renegotiate the terms. If unable to renegotiate the terms, you can move forward to decision and take the risk that you will lose. I would suggest... Read more »
I believe my lawyer, is settling for money, although the defendant denies I was hurt at work or they will /have paid any medical expenses. I have a clients information and a report filed on the date of my assault, their doctor wrote I could have received the chronic hematomo on that date. My... Read more »
answered on Aug 16, 2021
First, your lawyer cannot settle without your agreement, so if you want to take the risk that you may lose in taking your claim to decision, you do not have to settle.
Second, all terms of the settlement should be within the C & R agreement. Read it carefully. If it says that Medicare... Read more »
Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »
answered on May 11, 2021
That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »
Here are a few bullet points of what occurred:
1. Verbal & Sexual Harassment
2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.
3. Vehicle... Read more »
answered on May 6, 2021
In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... Read more »
first I was told to go to an urgent care the following week even though my supervisor saw the incident happen and was not told to report it, paid out of pocket, then from there the doc report said it was WC said work but has to follow with occupational doc, never heard from WC until she called to... Read more »
answered on May 1, 2021
Assuming your employer is not self insured and has actual insurance, the change in ownership will not change the carrier's obligation to make proper payment for an accepted claim. Whether or not this is an accepted claim is a different question. It sounds like the employer and possibly the... Read more »
Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day
answered on Apr 22, 2021
For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim for... Read more »
Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day
answered on Apr 18, 2021
For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim... Read more »
from employers W.C. carrier? How long does the employer have to accept or deny my claim?
answered on Oct 8, 2020
The employer and/or it's workers' compensation carrier only have 21 days to accept or deny your claim. If they fail to do so, you will need to file a Claim Petition and prove that you suffered an injury in the course and scope of your employment resulting in wage loss. This is a... Read more »
I drive a school bus in the morning and afternoon. Between my routes I am on light duty instead of doing strenuous work on a labor assignment. They won't let me work overtime driving a bus.
answered on Oct 7, 2020
They do not have to let you work overtime, but you may be entitled to temporary partial disability wage loss benefits through workers' compensation to make up the difference. I would suggest that you talk to a local workers' compensation lawyer about your rights and options.
Is this possible I wanted to get advice on how to approach this
answered on Jul 5, 2020
I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment... Read more »
for me?
we are currently in a workmans comp case severe tbi. They are trying to settle for 80.000 but he is still suffering and he did not receive the proper treatment due to the dr and scheduling and were advised by our current lawyer to remain with them. My problem is he is getting worse... Read more »
answered on Apr 27, 2020
Since you are a represented party, no one on here can ethically provide you with legal advice. I can tell you that your lawyer is in the best position to evaluate the strengths and weaknesses of your case. If you are not confident in your attorney, you are free to change attorneys. However, if... Read more »
I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.
answered on Dec 5, 2019
This may be a workers' compensation claim despite the fact that you were not on the clock. It would depend on why you were at the facility at the time of the accident. Since workers' compensation pays both wage loss and medical, I would suggest that you call a workers'... Read more »
I was cleared full duty after one visit but what makes my injury hurt the most is sitting which is 90% of my job.
answered on Nov 15, 2019
You should have received a list of doctors to pick from in regard to your treatment. If you did not receive this list, you are free to see a doctor of your own choosing. I would suggest that you contact a local workers' compensation lawyer to discuss the specifics of your case and the... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
