9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We went... Read more »
I am very sorry to hear about your work injury and the difficulty that you have been having since that time, however, as you are apparently represented by an Attorney and are already involved in litigation, the individual that would best be able to answer your questions is the Attorney currently...Read more »
Two years ago I settled a workers comp claim for a back injury (herniated disc). I felt comfortable settling as my physiatrist completed a FCE and stated I could return to full duty. I started a new job, but after 8 months the pain in the back returned along with going down the left leg. My job is... Read more »
Based upon your fact pattern, you may have sustained an aggravation of your pre-existing lower back injury which constitutes a “new” injury for the purposes of Worker’s Compensation. Obviously, there would be issues to decide whether, or not, this is a “new” injury or a “recurrence...Read more »
Unfortunately, without additional information is impossible to answer your question. Parking lot cases are fact specific and some injuries occurring in the "company parking lot" are compensable and others are not.
In light of the above, it is my recommendation that you promptly contact an...Read more »
longer to heal. The Occ. Health MD stated that I could use my FMLA benefits for a LOA and then return on light duty afterwards. Can I use my FMLA as a separate benefit and then return to complete the light duty time (only 5 weeks left) without repercussions? Or must I use them together meaning I... Read more »
You are able to utilize FMLA Benefits in conjunction with Workers Compensation Benefits for the initial 12 weeks of your period of Disability. If you are able to return to work within the 12 week period of time your Employer is required to provide you with similar employment to your pre-injury job....Read more »
An injured worker's Average Weekly Wage is calculated pursuant to Section 309 of the Act. If you an hourly employee and have been employed with the same Employer for 52 weeks, or more, prior to your injury, your most recent 52 weeks of earnings were broken into 13 week "quarters" and the average of...Read more »
My employer is demanding that I come in and work modified duty. They claim they have paperwork (I'm not signing anything without my lawyer) and want me to sign. Must it come from them or Workman's comp?
Pennsylvania is currently a "wage loss" state, and therefore, if you Claim was accepted by a Notice of Compensation Payable and you have returned to work earning wages less than your pre-injury Average Weekly Wage then you would be entitled to Partial Disability Benefits which are calculated as two...Read more »
If the physical therapy facility is open either before or after your normal working hours, you would not be entitled to any lost wages or Partial Disability Benefits for seeking treatment during normal working hours. If, however, the physical therapy facility is only open during the same hours of...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 my... Read more »
As you are not entitled to wage loss benefits unless you miss more than 7 days from work, some Employers require injured workers to exhaust their sick and vacation time, if they want to get paid while awaiting the Workers Compensation Carriers determination if they will accept liability for your...Read more »
I drove a tractor trailer for a U.S. mail contractor/ was rear ended by a postal tractor trailer driver in N.J. ( I live in PA) - I was on workmans comp. for my back injuries.RECEIVED a SETTLEMENT from workmans comp a few months ago. A law suit payment is being finalized in less thn 2 weeks -- I... Read more »
In order to be eligible for wage loss benefits you must miss one week from work, and then only receive the benefits for days 8 through 13. If out 2 or more weeks, your entitlement reverts back to day 1.
It is my recommendation that you contact an Attorney who is a Certified Specialist in PA...Read more »
Assuming that your Workers Compensation Claim has been accepted by the Workers Compensation Carrier and you would otherwise be entitled to Wage Loss Benefits, as opposed to merely accepting a "Medical Only" Claim the answer to your question will depend upon whether, or not, the physical therapy...Read more »
Because I am still having pain. My hours were cut drastically when I returned. If I go out again would I get the original amount of $ or would they revise the amount according to the few hours I work now ? Also, can I get back pay for the hours that they took from me?
After having a few days off(required by their workers compensation doctor) if you are still in pain, what happens next? My HR people are very slow to help with the Specialist I need to see under that umbrella.
In order to be eligible for wage loss benefits, after sustaining a work-related injury, you must miss at least 7 days from work. If you are out of work more than 7 days, you would then receive wage loss benefits for days 8 through 13 and if out of work 2 weeks, your entitlement to wage loss...Read more »
The same vocational evidence meaning my education and transfer skill, work experience has not changed. The only thing that changes is the Vocational Expert opinion that I could make more money. Employer is asking the WCJ to rerule on a case already adjudicated in a more harsh manner.... Read more »
Unfortunately, the Workers Compensation Carrier is entitled to file "serial" Petitions as long as they can show a change in condition and the subsequent Petitions are not barred by the doctrine of res judicata; i.e. litigating that which has previously been litigated.
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