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...Read 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...Read 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...Read 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... Read 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....Read 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...Read 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... Read 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...Read 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...Read 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...Read 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...Read 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... Read 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...Read 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... Read 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...Read more »
I returned to work on light duty after shoulder surgery , The doctor has ordered physical therapy . I go to therapy 3 days a week . I work 7-3 and I leave work 2 1/4 hour's early to go to therapy , does workers comp pay for those hours lost from work ?
Generally speaking, if the treatment is available outside your work hours, but you miss work to have the treatment, you would not be entitled to workers’ compensation benefits for the time/wages you lose. You should meet with an attorney certified as a specialist in workers compensation law to...Read more »
Generally speaking, as long as a job is within your physical capabilities, and you are qualified to perform the necessary tasks, a judge or court will not look kindly if you elect to decline a job. That said, every situation is different and you should consult with an attorney certified as a...Read more »
Also for some strange reason I got wrote up for “using the wrong break room” and somehow I’m a distraction to other employees. How can I counter their childishness, I’m just trying to work and do what I’m told until this is over..
The short answer is NO, you should not be made to work beyond the restrictions placed upon you. The longer answer is that you should immediately contact an attorney certified as a specialist in PA workers' compensation law, whether my firm or another of the fine attorneys on this board, so...Read more »
As Mr. Palutis indicated, an employer is required to report a work injury to the PA Bureau of Workers’ Compensation. This is to be done by a specific form, Employers’ Report of Injury. Failure to report the injury could lead to penalties for violating the PA Workers’ Compensation Act....Read more »
The scheduling of an IME is basically whatever a judge would find reasonable. Often, the judges give great latitude to the insurance companies on this, but every situation is different. This would vary depending on the type of injury, where you live and where they want you seen. Talk to an...Read more »
I agree with Mr. Belt. Workers’ compensation and FMLA accomplish different goals and can be taken together. Workers’ compensation provides wage loss and medical benefits, but does not protect your job. On the other hand, FMLA does not give any monetary or medical benefits, but does provide...Read more »
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