I am a phlebotomist and I hurt my thumb at work it is a contusion to the thumb with tendent injury that caused mild to severe carpal tunnel it has been a little over six months I have been working the whole time but on restrictions mainly no use of right hand now I m on a one pound weight limit... View More
You need to sit down with an attorney, preferably one certified as a specialist in workers compensation law, to talk about your options. When (and how) to settle a case is a crucial time in the case and should never be done without the advice and assistance of an experienced attorney. Settlement...View More
I know about Third Party Suits but I think the machine manufacturer is no longer in business. The company I worked for rigged the machine to suit its manufacturing needs. I incurred 3 partial amputations on my fingers because the machine was not running properly and broke. In addition to this, I... View More
I agree with Mr. Belt all around. First, I would urge you to retain an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. Second, yes, typically, workers' compensation is an "exclusive remedy,"...View More
I was involved in a car accident on October 2020 in NY, I live in PA and did not hire an attorney because my insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was... View More
The first answer is that you should immediately consult with an attorney about the facts specific to your case. You are asking for legal advice, but on these boards, we can only provide general legal information. From the facts you gave, I am unclear about your situation. Were you driving for...View More
I agree with Mr. Belt. While you cannot sue your employer for a work injury (with very narrow exceptions), you may be able to sue a third party, if that third party caused your work injury (we see this in car accident and products liability cases most often). Consult with an attorney to see what...View More
I completely agree with Mr. Belt. As attorneys, we need to make sure we keep our clients informed about what is happening in their cases. Your attorney needs to do a better job in communicating, but you should be demanding that he or she do a better job! Good luck!
Unfortunately, I cannot answer your question. I (and my firm) handle only PA workers' compensation cases. The question you are asking is not governed by workers' compensation laws, but by family law. I would suggest you post this on the Family Law practice area. Good luck!
I agree with Mr. Belt, if this was a PA injury. However, if you work in NJ, this may be a NJ workers' compensation case. Every State has very different workers' compensation laws. You will need to find an attorney experienced in workers' compensation in the State in which your...View More
If you have litigated your case before a Workers' Compensation Judge, I must presume you have an attorney. If that is correct, the attorney would be the best one to ask this question. Only your attorney has exposure to the full facts and context of your case. We would just be guessing. If...View More
After you are released to return to work, following a work injury, your employer can elect to offer employment to you within your restrictions. If you continue to suffer a loss in wages due to your restrictions (such as no longer getting overtime work), then you should be receiving partial...View More
I told HR about illness. They said they would clean the dust and call their Dr and ask him if I needed an appointment. I told HR I wanted vacation because I felt so sick from the dust. HR never filled out an accident report, or sent me to Dr. I feel sick and want to visit my doctor. What should I... View More
You are asking for legal advice, and that is not something you will get on forum like this. We can only provide general legal information here. Legal advice is something specific to you case, given by an attorney who represents you.
Certainly, an exposure like this can be a work injury....View More
I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.
When injuries happen at the workplace, even if you are not on the clock, often you are still covered by workers' compensation laws. You should talk to an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board, so...View More
I am still able to work after suffering a work related injury. However, medical visits/therapy are necessary. Unfortunately, these appointments are only available during working hours. My employer is forcing me to use my accrued PTO for this time. This seems unfair to me, unless I am able to be... View More
I agree with Mr. Palutis. The key is whether the treatment at issue is available outside of work hours. If so, workers’ compensation benefits would not be available for a loss in wages due to getting this treatment. Physical therapy, for example, can be an issue in this regard. However, if...View More
i am in therapy and my injury they say cant be fixed i m in a lot of pain and i kept asking the employer when they where going to do something they done nothing but try take my unemployment away where do i go from here
Talk to an attorney certified as a specialist in workers compensation law immediately. You should be getting workers compensation benefits, not unemployment compensation benefits, if you were injured at work. Good luck!
Usually not, as the basic act of commuting to work is not part of the "scope and course" of working, so it is usually not covered by the PA Workers' Compensation Act (unless you are a "travelling" employee, with no fixed place of employment). However, there are exceptions...View More
Honestly, I simply cannot tell what that means on the part you have quoted. Assuming this is a decision from a Judge, I would need to see the entire decision to be able to tell what is going on. If you have an attorney, obviously your attorney is the best one to tell you what this means, and how...View More
I am so sorry this happened to you. Having your valid claim denied can be very frustrating, to say the least. The best person to give you an answer with regard to the timing of your case is your attorney. Only he or she knows the details of your case and can provide some estimate for how long it...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 agree with Mr. Jaffe and Mr. Belt. Cases take varying times, depending on the facts of each case. Every litigation is different, since every case has different facts. The only one who can answer this question is your attorney. I will note, unfortunately, it is not unusual to litigate a case...View More
The answer is that you need to consult with an attorney, preferably one certified as a specialist in workers' compensation law, asap. A Claim Petition will need to be filed and litigated. An attorney can explain in more detail how this will work based on the facts in your case. Good luck!
I had a workers compensation settlement in April 2015. They agreed to pay medical until the date of settlement. Last year I found out there was unpaid bills. The rep stated my medical provided was coding them wrong. Both the billing dept and the comp carrier said it would be taken care of. This... View More
Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether...View More
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