This was done twice which kept me from recovering as I should have
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answered on Jun 11, 2018
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.
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answered on May 16, 2018
Most attorneys, in most cases, pay for all litigation costs, including depositions. There are, of course, exceptions to every rule. Sit down with your attorney and have him or her explain the situation.
the case is 20+ years old
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answered on May 13, 2018
I would suggest you meet with an attorney certified as a specialist in workers compensation law, as your question is impossible to answer without more information. We don’t know the status of the case, which would be an important factor. Good luck!
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answered on Apr 20, 2018
Whether it will be covered is usually easy - the vast majority of employees in PA are covered by workers' compensation. Federal employees are under a different system, as are railroad, harbor and military, but most people are covered by workers' compensation. The better question may be... View More 
I was employed as a CNA last year and I am now an LPN with an increased salary. I was just injured at work but they are paying me last years wages not my new wages as an LPN
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answered on Apr 19, 2018
Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your... View More
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answered on Apr 17, 2018
The general rule is that if medical treatment for a work injury is available outside of your work hours, then the workers' compensation insurance carrier would not be responsible for the payment of wages you would lose by getting the treatment. On the other hand, if the medical treatment is... View More
They accepted arm elbow shoulder but had an ime say he did not think neck happened at same time .but it did.I’ve complained about it the whole time the panel doc said cervicle strain.had mri.herniated disc 5-6 stenosis 3-7 2bulging discs and osteophyte complex.have Radiculopathy in right shoulder... View More
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answered on Apr 2, 2018
You need to get an attorney, preferably one certified as a specialist in workers' compensation law, whether my firm or another of the fine firms on this board. An insurance carrier unilaterally describes the injury it accepts by issuing a Notice of Compensation Payable (NCP). If an injured... View More
I got injured at work. My lung popped up when I pulled a heavy box from a top shelf. I reported my injury and same night I was hospitalized. I had a surgery and I was staying off work for 7 business days. This accident happened to me at work due to heavy duty performance. My doctor said it is a job... View More
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answered on Mar 30, 2018
Call an attorney certified as a specialist in workers’ compensation, whether my firm or another of the fine attorneys on this board. A Claim Petition will have to be filed and the matter litigated before a Workers’ Compensation Judge. Feel free to contact me at 215-638-7500, or through my... 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?
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answered on Mar 6, 2018
If you already have a lawyer, this is a question best posed to your lawyer. If you do not have one, you should immediately get one. The time when an injured worker goes back to work is a time when issues often arise, and it is critical that the injured worker be fully aware of his or her rights.... View More
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answered on Feb 28, 2018
Yes, if you are back to work and earning less now than you were earning at the time of your injury (through fewer hours per week, or a lower hourly rate, or perhaps from lost OT), you should be entitled to partial workers' comp, to help make up that difference. The best thing you can do is... View More
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answered on Feb 7, 2018
This is a question you have to ask your lawyer. A Petition for Penalties could be filed if the insurance carrier violated the terms of the PA Workers' Compensation Act.
I was told today I was over paid but not by the records I received from my adjuster. Now they want me to repay the over payment what's the maximum they can with hold from remaining benefit payments and can my employer deduct from my paycheck to recoup and remaining payments
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answered on Feb 2, 2018
Before I answer your question, I would urge you to speak to an attorney certified as a specialist in workers' compensation, whether my firm or another of the fine attorneys on this board. You should not agree to any recoupment (or even acknowledge an overpayment) before the matter is reviewed... View More
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answered on Jan 23, 2018
If an employer properly posts a list of doctors/healthcare providers (called a "panel posting"), then the workers' compensation insurance carrier only has to pay for treatment with one of those listed providers for the first 90 days after a work injury. However, there are rules for... View More
Pa employer & PA employee. Can we terminate employee while he is on WC? We no longer have an open position to offer him once he is released back to work. He has only worked for us about 2 and half months. Thank you
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answered on Jan 15, 2018
First, these boards are for general legal information, not for providing legal advice. You need legal advice, specific to your situation. Second, the question you are asking is not regarding workers' compensation exactly, but more employment law. You are seeking advice as to whether you can... View More
I'm in a final decision with the workers compensation case. I have been seeing my doctor for 13 months for carpal tunnel and cervical issues. I take four medications for pain and wrist guards. I have seen the ime doctor twice already. I also see a physical therapist twice a week. My question... View More
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answered on Jan 11, 2018
That's a hard question for us to answer here, without knowing either who the Judge is, or what evidence has been presented. Your attorney would be in far better position to give an answer to this question. That said, Judges are human. They review the evidence and consider who they believe.... View More
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answered on Jan 2, 2018
I agree with Timothy. In Pennsylvania, there is no such thing as a "permanent" injury. The insurance carrier is always able to argue either that the condition has healed, or that another cause accounts for the current disability. But, no, there is no monetary cap on settlement amount... View More
I had an IME before a major surgery. Then the employer got a second IME. They now put in a LMS using the first IME opinion because the WCJ and apealant board agreed that there was no error made in the first modification of my benefits. The surgery happened the second IME stated that the surgery is... View More
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answered on Dec 12, 2017
You are asking about a complicated fact pattern, which is beyond what we can provide as "general legal information." If you have an attorney, I would urge you to discuss the situation with your attorney. If not, I would strongly suggest you consult with a certified workers'... View More
The same vocational evidence meaning my education and transfer skill, work experience has not changed. The only thing that changes is the Vocational Expert opinion that I could make more money. Employer is asking the WCJ to rerule on a case already adjudicated in a more harsh manner.... View More
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answered on Dec 12, 2017
I agree with the attorneys who have responded. Even though your educational background and work experience have not changed, the workers' comp insurance carrier has a right to argue the jobs available to you (perhaps by economic developments or just time) have changed. This is not exactly... View More
Working night shift and going to therapy during the day
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answered on Dec 8, 2017
There are two questions, actually. There is the one you asked - whether your employer has to pay for time you lose from work as a result of a work injury. Generally, an employer need only pay for the time you are working (though arguably you could get sick time, depending on whether that is... View More
I read a article that states 95% of workers compensation cases settle before trial. So my final hearing for my case is in January 2018 after being out for a year for cervical radiculopathy and left carpal tunnel. Injury date was 11/2016.
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answered on Nov 29, 2017
There is no exact answer to your question. Settlement is something that happens only when both sides agree. This can be quick, or years down the road. The insurance carrier may want to wait for a decision, to see if they can win (and pay you nothing). Your attorney may have a much better idea... View More
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