I am assuming based on your question that you are already represented by an Attorney, therefor I believe this question should be posed to your Attorney who would be in the best position to answer same.
Assuming you provided prompt Notice of your injury to your Supervisor or Employer their Workers Compensation Carrier has 21 days to either acknowledge or deny your Claim in accordance with Section 406.1(a) of the Act.
I am sorry to hear you are having problems with your back from a work-related injury.
Unfortunately, your question does not provide enough information for me to respond. If you are treating with your primary care physician and he is telling you this because he does not want to treat a...View More
we are currently in a workmans comp case severe tbi. They are trying to settle for 80.000 but he is still suffering and he did not receive the proper treatment due to the dr and scheduling and were advised by our current lawyer to remain with them. My problem is he is getting worse... View More
I am sorry to hear about the issues that you are having with your Claim for Workers Compensation Benefits, however, as it appears that you are represented by an Attorney these questions would best be posed of him or her as they would be in a much better position to address your concerns....View More
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... View 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...View 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... View 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...View 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...View 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... View 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....View 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...View 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...View 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...View 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... View 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...View 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... View 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...View More
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