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Questions Answered by Francis Joseph Lafferty
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Was injured on job,went to one of there panel doctors didn't drug test me.Can they drug test me 10 days later?

Is that legal for workmans comp?

Francis Joseph Lafferty
Francis Joseph Lafferty answered on Feb 12, 2015

I agree with Attorney Belt that is there is am employer policy that you may have to submit to testing. The impact that a positive test may have on any workers' compensation claim --- especially 10 days after a work injury -- would depend if the employer could prove that your injury would not have... Read more »

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1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I pulled a muscle at work while doing a job and my WC claim was denied stating back pain isn't an injury. And I missed w

I was in a crawl space for an install and pulled a muscle in my back. The pain is severe to the point I couldn't work. Should I contact a lawyer so I can get paid for my missed days

Francis Joseph Lafferty
Francis Joseph Lafferty answered on Jan 4, 2015

Yes. You should contact a workers' compensation attorney. You can search for one on Justia.com or contact your local Bar Association. They will be able to explain your rights to you.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: When if ever should I sign: Supplemental Agreement For Compensation For Disability Or Permanent Injury
Francis Joseph Lafferty
Francis Joseph Lafferty answered on Jan 4, 2015

A Supplemental Agreement is appropriate when you are earning wages that will be offset against your workers' compensation benefits. The employer will be entitled to deduct the wages you earn from your average weekly wage and then calculate the partial disability payment you are entitled to receive.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What is the process to request a change of venue for a worker's comp claim in Pennsylvania?
Francis Joseph Lafferty
Francis Joseph Lafferty answered on Jan 4, 2015

If Pennsylvania has jurisdiction, and your claim is currently being handled in another state, you will need to file a Claim Petition to have the case handled in Pennsylvania. This issue arises many times with over the road truck drivers who sign an employment contract assigning jurisdiction to a... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: How do I answer PA unemployment comp question for Worker's Comp if I only received a settlement - NO monthly payments?

I was denied original claim but received settlement after going to court. Hurt in 2013 and settlement received 2014. I am sure UC knows if you received worker's comp but since it was a settlement does this effect your new UC claim?

Francis Joseph Lafferty
Francis Joseph Lafferty answered on Jan 4, 2015

You should definitely talk to your attorney about the paper work you completed at the hearing to approve the Compromise and Release. Very often, a letter of resignation is included by the employer to preclude you from being eligible to receive UC benefits. You may want to review this case and see... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I already have an attorney for workmans comp. Can I hire a new attorney
Francis Joseph Lafferty
Francis Joseph Lafferty answered on Jan 4, 2015

Changing attorneys is certainly within your rights; but, in my opinion, should only be considered as a last resort. You should consult you Fee Agreement, because the attorney certainly will have rights to a portion of your compensation if they secured you benefits. If you are not currently... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can a lawyer quit your case after getting a settlement on loss of wages in PA?
Francis Joseph Lafferty
Francis Joseph Lafferty answered on Jan 4, 2015

If you have ongoing issues with the medical portion of your claim, you would hope (and expect) that the attorney that was paid from your wage loss settlement will continue to represent your interests; but you would be surprised at how many lawyers will not. Check your fee agreement. Depending on... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Who pays for your medical bills after a workmans comp settlement?
Francis Joseph Lafferty
Francis Joseph Lafferty answered on Nov 1, 2014

Unless you and your attorney negotiate for the future payment of medical expenses, the workers compensation insurer will stop paying for medical expenses incurred after the date of the hearing to approve your settlement. If that is the case, then you will be responsible for any and all medical... Read more »

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