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... Read more »
answered on Apr 20, 2022
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,"... Read 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... Read more »
answered on Mar 2, 2022
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... Read more »
fell off a ladder at a property while doing my job
answered on Oct 6, 2021
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... Read more »
In months and they haven't responded to you about your case moving forward
answered on Sep 21, 2021
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!
settlement for future earnings. Is your spouse entitled to this lump settlement?
answered on Aug 26, 2021
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!
Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day
answered on Apr 19, 2021
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 »
answered on Mar 25, 2021
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 »
I drive a school bus in the morning and afternoon. Between my routes I am on light duty instead of doing strenuous work on a labor assignment. They won't let me work overtime driving a bus.
answered on Oct 7, 2020
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 »
answered on Mar 26, 2020
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.
answered on Dec 5, 2019
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 »
answered on Sep 21, 2019
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
answered on Aug 26, 2019
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!
broke leg en route
answered on Jun 18, 2019
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 »
Adjudication if claimed recurrence is not necessary & no further action will be taken in regards to this claim
answered on Jun 14, 2019
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 »
They took an mri of the foot not the ankel both doctors worte down.how long do i wait more for treatment.and with no back pay also.I have a lawyer but its taking so long for treatment.
answered on Jun 11, 2019
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 »
answered on May 9, 2019
I agree with Mr. Belt. That suggests they are preparing litigation against you to lower or stop your benefits. Consult with an attorney certified as a specialist in workers compensation law.
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 »
answered on May 9, 2019
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 »
I had a sonogram done and the dr said there was a torn muscle and 2 small hernias'. Work comp called me yesterday and said they are dynein my claim but my dr told me I can not return till I have PT
answered on May 9, 2019
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 »
answered on Apr 11, 2019
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 ?
answered on Jan 31, 2019
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
