That depends on your WC policy. You should have had an option to not insure yourself in exchange for a lower rate. If you took this option, you are not eligible to collect workers' compensation. If you did insure yourself for workers' compensation benefits, then you should be eligible.

If you are being provided with work within your restrictions, including sitting in a room, you either perform the job or risk having your benefits suspended for failure to perform suitable work. Clearly the employer is playing games and trying to get you to quit. If you have not already done so,... View More

Unfortunately, workers' compensation does not provide any form of job security or requirement that your employer take you back when you are better. For the time being, your wage loss benefits will continue, but expect the insurance carrier to seek to terminate your benefits in the near... View More

If you are no longer receiving benefits due to a termination of your benefits or a Compromise and Release Agreement, you have no obligation to inform the workers' compensation carrier regarding where you plan to return to work.

The 90 days regarding treatment with panel physicians only applies to payment of medical bills, so the fact that you get the surgery performed by a physician not on the panel would not directly impact your entitlement to wage loss benefits. However, you could be personally responsible for the cost... View More

You can settle at any time, but settlements are voluntary, so both sides need to agree on a number. Furthermore, in most cases as part of the settlement you will be asked to resign your current job, and finding another one with ongoing limitations could be difficult. You are correct that your... View More

Obviously this is a disputed claim or you wouldn't have gone to court. When a claim has to be litigated it can take a year or more from the time that the petition is filed until a decision is received. During that time period, if benefits are disputed you would not be receiving workers'... View More

If you do not have an attorney, you need to get one. If you do have an attorney, ask them what action they are taking to pursue your claim. It is possible for there to be a factual issue beyond the medical opinions which could result in a denial of your claim and the need to fully litigate your... View More

No, but if your employer has complied with providing you with notice of the medical panel and other panel requirements they will not have to pay for your treatment during the first 90 days after your injury. If you were given notice of the list of panel providers at the time of hire and at the... View More

It is possible that the judge may find the IME doctor more believable than your doctor and stop your benefits. Your attorney would be in a much better position to tell you what you can expect from your particular judge with the doctors involved in your claim.

In most cases, workers' compensation only covers wage loss and medical bills causally related to your work injury. Workers' compensation would not cover COBRA and if you quit your job while the employer has work available within your restrictions, including in the plant, you will not be... View More

If your doctor says it is as a result of your work duties or that your work duties have made the condition substantially worse, you have a potential claim and should contact a lawyer about filing a claim.

Your employer may be negligent, but that does not mean you can pursue them through a personal injury case. Your claim against your employer and coworkers would in almost all cases be confined to the workers' compensation claim. However, if there was a third party involved such as an owner of... View More

That would be very unusual. Arguably if that is the only possible way that you can receive PT, a judge might say that it is covered, but the carrier is unlikely to simply agree to this, and you will in all likelihood be required to fully litigate your position which could take a year or more to... View More

Your question is very fact specific and you should discuss this with your attorney. As a general rule in my practice when an injured worker has reached the point where they are unlikely to require additional expensive medical care such as surgeries and their ongoing need for medical treatment is... View More

The maximum wage loss benefit is recalculated every year, but since an individual workers' average weekly wage is fixed by their date of injury, you will never receive more than the maximum for that date of injury. The logic is that fixing a maximum helps to control the cost of workers'... View More

There is no specific time frame in which the judge is required to issue his decision. The amount of time it takes for a decision depends on the judge and that judge's current work load. Some judge's will have a decision circulated within 30-60 days of the due date for the briefs while... View More

Yes you can file a petition yourself. However, you may have some difficulty litigating the petition yourself. Most petitions will require testimony from the injured worker and the injured worker's doctor. Furthermore, the employer is free to present testimony from any fact witness that may... View More

If you are able to schedule medical treatment outside of working hours and fail to do so, you are not entitled to wage loss for missed time to receive the medical treatment; however, if the treatment is not available outside of working hours AND you schedule the treatment to miss as little work as... View More

First off, don't quit and that is not an issue. As to moving out of the area with a legitimate reason, I would agree that it will have no immediate impact on your wage loss benefits. If may make obtaining medical benefits more difficult since out of state doctors may not accept PA... View More