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'... View More

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... View More

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.

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.

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.... View More

I completely agree with Mr. Neiman. If a company has any employees they are legally required to have workers' compensation insurance.

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... View More

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... View More

Absolutely. And if the injured employee has more than one job, the loss of earnings from all positions would be included in the workers' compensation wage loss claim.

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... View More

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... View More

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... View More

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... View More

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.

If you suffered an injury at work, and you are not being provided with work within your restrictions, you may be entitled to workers' compensation wage loss benefits. If your employer and/or it's workers' compensation carrier is not making voluntary payment of wage loss benefits,... View More

If you have a doctor that is willing to testify that your work activities or a work accident substantially worsened the preexisting condition, you do have a viable claim. However, there is a high probability that the carrier will fight this claim, so I would suggest that you contact an attorney in... View More

The truth is that there are many factors including not only your age and employment status, but also your compensation rate, diagnoses, and geographic area. Furthermore, even things like the insurance company and assigned adjuster can impact negotiations. You don't know how much to counter,... View More

There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work... View More

There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work... View More

I am unclear from your question, is your condition related to an incident that happened at work?