If you can demonstrate that you did indeed receive food poisoning from a lunch provided by your job, that workers' compensation is a possibility. It is important that you understand workers' compensation only pays related wage loss and medical in most cases. Workers' compensation...Read more »
I reported an injury nearly 3 months ago. The first doctor thought I just tore a muscle, but my symptoms got worse. It was later I found out that I have a cervical disk herniation. I'm working full time, light duty. I got a letter in the mail from pa workers compensation stating coverage may... Read more »
It is impossible to accurately answer your question without seeing the documents, but I am assuming what you received is a Notice of Temporary Compensation Payable. If this Notice is not withdrawn within 90 days it converts to a Notice of Compensation Payable. Conversion means that the...Read more »
I live in Pennsylvania but work in New Jersey can a company force you to sign a Family Leave Act as part of a workman's due to my health issues I need to use the Family Leave Act later on down the line was told if I'm do not sign the papers I will be forced to lose my benefits from the... Read more »
FMLA is to provide you with job security that you would not have under workers' compensation alone. If the situation warrants, the employer can require that FMLA time is used for a work injury. From what you describe, it sounds like the employer is giving you a choice of preserving the...Read more »
There are several possibilities, and as Glen correctly pointed out, your attorney is the only one that would be able to answer your question. However, if there was a recent decision, that decision may have ruled that the other side is responsible for this cost. Another possibility is that the...Read more »
You always have the right to change lawyers. The difficulty is in regard to potential fee splits between the new lawyer and the previous lawyer and whether or not a new lawyer will be willing to accept your claim. I would suggest that you sit down with your current lawyer and try to work out your...Read more »
I am not aware of an appellate case that has addressed Uber. However, the distinction between employee and independent contractor is a question of a number of factors the most important of which is control of how the work is performed. Since the initial consultation is free, I would suggest that...Read more »
I’m curious as to where I stand in this process. I’ve seen a comp dr. Twice in the last month and I’m on one arm work only. I’m curious as to where I stand right now in the process. I’m told to talk to the claims adjuster again on Monday.
If your work injury has been accepted, you enjoy a rebuttable presumption when you are laid off from a modified duty job that your loss of earnings is related to the work injury. In other words you have a strong claim for wage loss benefits under the the PA Workers' Compensation Act. This...Read more »
I have to see a neurosurgeon about my neck and the pain is worse since the second accident at work. Since I have the appointment this week I was told I did not need to go back to the doctor I could wait until I see the neurosurgeon Tuesday and my WC doctor on Thursday. I'm not sure at this... Read more »
First, you have posted in a PA thread, so if this is not a PA injury the answer provided may not apply. I would first strongly suggest that if you have not reported the second injury, that you do so. In regard to an attorney, there really isn't a downside in getting an attorney involved....Read more »
They accepted arm elbow shoulder but had an ime say he did not think neck happened at same time .but it did.I’ve complained about it the whole time the panel doc said cervicle strain.had mri.herniated disc 5-6 stenosis 3-7 2bulging discs and osteophyte complex.have Radiculopathy in right shoulder... Read more »
If the carrier is not accepting the neck as part of your injury, you will need to file a petition and take the matter before a judge. The process is rather complicated, so I would strongly suggest that you talk with a local workers' compensation attorney and obtain representation to assist...Read more »
I got injured at work. My lung popped up when I pulled a heavy box from a top shelf. I reported my injury and same night I was hospitalized. I had a surgery and I was staying off work for 7 business days. This accident happened to me at work due to heavy duty performance. My doctor said it is a job... Read more »
You would need to file a Claim Petition for Workers' Compensation benefits. You would then need to present evidence to a judge consisting of testimony and medical opinions. This is a rather complicated process, so I would agree with Attorney Neiman that you are better off obtaining a local...Read more »
Arm. Is this covered by workers comp insurance my employer says no since I was at home. I think yes because I was only starting the van before I was scheduled to clock in because of the managers meeting. My van is co.pany issued and I travel most of my day as a project manager. The managers meeting... Read more »
My answer is maybe. The coming and going rule would normally preclude a claim, but there are exceptions for traveling employees, or travel for special assignments. It could also make a difference if the van is provided by the employer. It would be worth a meeting with a workers'...Read more »
Obvious Work injury in front of 2 witnesses. Insurance company denied. Went to 5 therapies and still continuing therapy twice a week from head/back injury. Attorney filed a petition for benefits. Employer paid me WC benefits for first few months then denied out of nowhere. Then judge denied... Read more »
From your question it sounds like you already know that it means you are not getting paid during the litigation of the petition. It also sounds like you have a lawyer, so you would be better off addressing legal questions to your lawyer who knows the facts of your case than to a bunch of lawyers...Read more »
You do not have to sign an authorization at all. Your medical providers for the work injury will submit copies of their records when they submit their bills for payment. That being said, the adjuster will often pressure you to sign an authorization, and it is not unheard of that an adjuster will...Read more »
A conflict between the IME doctor and your treating doctor as to ability to work is fairly common. If you are receiving benefits for an accepted claim, the workers' compensation carrier would need to obtain a decision from a judge or a signed agreement from you before they can stop paying...Read more »
If the treatment is available outside of your regular working hours, you are required to schedule accordingly; however if the treatment is not available outside of working hours, you can still attend and you would be potentially entitled to wage loss benefits through workers' compensation....Read more »
I had an accident in 2016 and I have been in physical, speech and occupational therapy for more than 6 months. I haven't receive a single dollar from my ex employer for time loss. They are taking me to court to sign a compromise and release agreement and pay me a small sum of money to settle... Read more »
If you sign the Compromise and Release Agreement you will only receive what is in the agreement. It is unlikely that the agreement will allow for payment of ongoing medical bills, and you cannot file suit against your employer. You must pursue your damages through workers' compensation....Read more »
If you have vacation days available, your employer may require you to use those vacation days while you are out of work for your injury; however you may be entitled to payment of workers' compensation wage loss benefits in addition to the vacation days without a credit to the employer or the...Read more »
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