Timothy Belt's answer The only one that can really answer your questions would be your lawyer. There are many issues that come up in a workers' compensation case, and if the case has to go all the way to decision, the process can take a year or more from the date the petition is filed until the decision is received. I would suggest that you call your lawyer and request a status report and a projected time line.
Timothy Belt's answer It is not fraud on your part. Your employer having submitted the claim to short term disability rather than workers' compensation is potentially a different answer. It is called an aggravation of a pre-existing condition which is considered a new injury in PA. It is very unlikely at this point that your workers' compensation claim is going to be accepted voluntarily, so stop wasting time talking to the adjuster and hire a workers' compensation attorney.
Timothy Belt's answer A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.
I see that you have spoken to a few workers' compensation lawyers and they have not been willing to represent you. I would suggest you talk to a few more. The simple truth is your odds of success in...
Timothy Belt's answer You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to workers' compensation wage loss benefits. However, there is no law in Pennsylvania that restricts your employer from also making you use vacation time while you are out of work, but you should receive both after the...
Timothy Belt's answer If the claim is against your employer and your employer has workers' compensation insurance, you can only file a workers' compensation claim. If a third-party other than your employer or a coworker was negligent and caused a work injury or if your employer does not have workers' compensation insurance and was negligent resulting in your injury, you may be able to file a personal injury claim. To by sure in your particular case, I would suggest you schedule a free initial consultation with a...
Timothy Belt's answer It is illegal to have employees and not have workers' compensation insurance. I would suggest that you contact a local workers' compensation attorney. They may have insurance that they are not telling you about. If they do not have insurance, you may still be able to file a claim against the Uninsured Employer Guarantee Fund.
Timothy Belt's answer If there are truly no employees, workers' compensation insurance may not be necessary. However, if anyone works for the company you may want to have the relationship reviewed by an employment attorney to make sure it isn't an employer/employee relationship.
Timothy Belt's answer These cases are fact specific. However, if driving to and from client appointments is part of your job duties you may have a claim and you should certainly have the totality of your facts reviewed by a local workers' compensation attorney.
Timothy Belt's answer It isn't the diagnoses that matters, it is the events leading up to the diagnoses. The injury has to be caused by "abnormal working conditions." Abnormal has to be very severe. For example fear of economic issues, bodily harm or even termination of employment are not enough. Furthermore, the occupation matters. I door-to-door salesman robbed at gunpoint may not be considered an abnormal working condition. These cases are very fact specific. There are a number of cases where a police...
Timothy Belt's answer First, if you feel your back problem is related to your job duties you need to report it to your employer as a work injury and fill out an accident report. Your employer should also provide you with a list of at least 6 doctors to choose from so that you can receive medical treatment. If the doctor provides you with restrictions, make sure you keep a copy of the restrictions so that you can show them to your supervisor. If your employer is unwilling to comply with work restrictions related...
Timothy Belt's answer What you are describing is called a repetitive use injury and the date of injury would be the date reported or the last day worked. Repetitive use injuries are often but not always disputed by the workers' compensation carrier. If you are seeing a doctor be sure to inform the doctor of your belief that the injury is related to your job duties so that this is reflected in the medical records.
If you are going to seek workers' compensation benefits it is important that you clearly...
Timothy Belt's answer You are required to notify your employer of a work injury within 120 days of the injury or you lose your right to pursue the claim. If you do not notify your employer within 21 days of the injury, you lose your right to wage loss before the date of notice. So, it is to your advantage to notify the employer as soon as possible. You can, if you so choose, notify your employer by filing the Claim Petition and serving them with a copy of the Claim Petition.
Timothy Belt's answer You cannot be "forced" to do anything. However, if work within your restrictions are available and you refuse that work your entitlement to wage loss benefits may be reduced or even eliminated based upon refusing that work. That is true whether the work is being provided by your employer or through an outside company.
Timothy Belt's answer If the treatment is available outside of working hours you have an obligation to schedule outside of working hours and the carrier is not required to pay you if you fail to do so. However, if it is the employer or the workers' compensation carrier that is scheduling the appointment during working hours, you have a strong argument that you should be paid.
Timothy Belt's answer If your doctor indicates you need restrictions you should see a workers' compensation attorney as soon as possible. The insurance medical exam (IME) is not the final word on the subject. If your employer is unwilling to provide work within the restrictions provided by your doctor you may be entitled to wage loss benefits.
Timothy Belt's answer Yes if the epidural is for the work injury and you suffer an allergic reaction to the injection, it would be considered part of the treatment for the work injury. If the carrier is refusing to make payment, contact an attorney to assist you.
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