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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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answered on Nov 24, 2017
I agree with Timothy. The best person to ask is your attorney, who was present for the hearing. The theory Timothy mentions is certainly possible.
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answered on Nov 21, 2017
I agree with Richard. While the determination for Social Security Disability is not binding on a Workers' Compensation Judge (WCJ), since they use different standards, the mere fact an IME doctor says you are fully recovered does not mean that you lose. This will ultimately come down to a... View More
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answered on Oct 31, 2017
I agree with Timothy. Once you have provided notice of your injury to your employer (within 120 days of the injury), you have three years to file a Claim Petition to seek workers' compensation benefits. You should speak with an attorney certified as a specialist in PA workers'... View More
I have been using Lyft or Uber to get to injury related appts as well as food shopping. Now I have been offered sedentary position at work. If my work injury prevents me from driving shouldn't workers comp provide transportation. Lyft and Uber cost a fortune. I spent 90 dollars for my first... View More
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answered on Oct 24, 2017
First, you really are seeking legal advice, so the best option for you would be to consult with an experienced PA workers' compensation attorney, either my firm or another of the fine attorneys on this board. A modified duty job offer must be within the physical capabilities of the injured... View More
They want to pick up medical only. I had cervical fusion C3-C7, 3 plates and 6 screws. Bilateral severe carpal tunnel syndrome, had both surgeries, and bulging disc L1-L2 with severe degeneration and stenosis that I haven't had surgery yet. Court is in November, they are not offering... View More
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answered on Oct 23, 2017
From the information we have, it would be impossible to determine if your attorney is handling things properly or not. I agree with Timothy - I would urge you to schedule a meeting with your attorney, so you can understand your case better. I suspect your attorney is already seeking the wage loss... View More
I am not sure if I am to sign these papers and send back to my workers comp insurance or not I have never had to before.
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answered on Oct 23, 2017
I agree with Timothy. Since an Agreement for Compensation controls exactly what injury the insurance carrier accepts, and other crucial information, such as your rate of pay (called the "Average Weekly Wage"), this is not a simple yes or no question. Nor can an attorney answer this... View More
I was walking from my job and got A-sharp pain down my leg that proceeded into my foot's 1/2 my foot got numb I want to the ER with my supervisor following Monday workman's comp called me and made me do it recorded statements I was told after he was done recording about it probly would... View More
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answered on Oct 11, 2017
There is no requirement of "trauma", as long as your work duties caused the condition. We often see this kind of repetitive or cumulative injury, from work duties without any specific incident or sudden trauma. You may want to discuss this with your doctor, then get a consultation with... View More
I recently got stitches in my hand from on the job accident. However doctor put me on light duty for a week. Iam per diem but scheduled for friday and they took me off the schedule without pay. I did get treated under workers comp.I've been with this employer for 10 years. What do i do?
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answered on Aug 31, 2017
Under the Pennsylvania Workers' Compensation Act, an injured worker is not entitled to wage loss benefits for the first seven days of disability, unless the disability lasts beyond 13 days. So, the answer to your question depends on how many days you miss from work as a result of the injury.
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answered on Aug 31, 2017
First, in Pennsylvania, there really is no concept of "permanent" disability. A worker remains subject to challenges to disability, or the necessity of medical treatment, as long as the worker receives the workers' compensation benefits. Second, once an injured worker proves an... View More
I was injured back in April 2017 while working out in Ohio, but for a company based out of PA. The company's MCO told me to file my claim through the Ohio BWC, but it was denied twice on grounds of jurisdiction. Am I able to proceed with filing a claim in Pennsylvania, or do I have to file an... View More
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answered on Aug 15, 2017
Whether you have a claim in PA does not necessarily depend on what happens in OH. There can be "concurrent jurisdiction" where you can choose which state to proceed in. The first question is whether your work injury has sufficient ties to PA to be able to bring a case there. If you... View More
Telling them I haven't returned calls, saying I injured myself, ECT. Are they allowed to do this? Also, if my claim is denied and I feel this is why is there anything I can do?
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answered on Aug 12, 2017
While I can't tell you about your rights with regard to the sharing of information (my firm only handles PA workers' compensation cases), I can tell you about dealing with a denied claim - consult with an attorney, preferably certified in workers' compensation law. Once you give... View More
PA Workers comp
I reported this injury at work and saw a doctor for it and got a MRI soon after that showed these problems,a top shoulder surgeon recommended surgery if i wanted to fix it,I was leary about surgery and was ok to work with it even though it did bother me with different... View More
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answered on Aug 11, 2017
There is not enough information here to see definitively whether you have a viable case or not, but there is certainly enough information to make clear you need to immediately make an appointment with an experienced workers' comp attorney to see what options you have. Assuming you gave notice... View More
I am treated by different doctors as they are different injuries. I am seen every 2 to 4 months from both doctors. The insurance carrier, without notice, closed one claim and combined it with the other. My Dr was not paid, that is how I found out. The carrier told him the claim was closed and to... View More
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answered on Jul 17, 2017
The short answer is that an insurance carrier does not have the ability to decide whether a subsequent injury is a "new injury" or a "recurrence" of a previous injury. The insurance carrier can certainly issue papers, trying to shape the case one way or the other, but,... View More
me to work for her. she will file 1099 as I will be paying my own taxes. will comp accept me switching jobs and working for my wife? I am on ny state comp
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answered on Jul 13, 2017
Workers' compensation systems vary widely from State to State. If you are receiving NY workers' comp, an attorney familiar with only PA workers' comp (as you are likely to find on this board) will be unable to help you. I would suggest you actually have a consultation with a NY... View More
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answered on May 30, 2017
A specific loss occurs when there is a loss of use of a body part "for all practical intents and purposes." This can be by literal amputation or just a sufficient loss of use. Fingers can be "lost" in whole or in half. You should meet with a PA workers' compensation... View More
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answered on May 30, 2017
As Mr. Munsing indicated, we really cannot answer this question without more information. You really need to contact an attorney who is certified in workers' compensation law, whether my firm or another on this board. An attorney would have to know more about your father's work history,... View More
My employer fired me days after my accident claiming that I filed for workers comp, when they took me to the clinic after having my head injury. They call me back next day but they keep me working without restrictions on full duty. Weeks after they stop paying me, I missed a few days for doctors... View More
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answered on May 11, 2017
I agree with my colleagues. You may have workers' compensation, unemployment compensation and/or civil actions available to you. But, we do not have enough detail to determine whether you actually have any viable actions. As they suggested, you should consult with an attorney immediately to... View More
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answered on May 5, 2017
You are asking for legal advice. This is a board where we answer general legal questions. You need to contact an attorney who is certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. You are at a critical juncture of your... View More
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answered on May 5, 2017
Workers' compensation payments in PA are supposed to be paid in the same fashion as the injured worker was paid while working (so, if an injured employee was paid every other week, that is how the workers' comp checks should be paid). A lump sum payment is usually seen only if there is a... View More
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