If the poisition is within YOUR doctor’s restrictions, then not performing duty can have significant negative impact on your claim and benefits. My suggestion is contact an experienced workers compensation attorney to help protect your benefits and guide you through the complexities of the claim...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 follow your treating doctor’s restrictions. It will likely draw a suspension petition from the insurance carrier when you do not accept the position. That being said, if you are offered light duty, you should immediately speak to an experienced workers...Read more »
You would be best to sit down and speak with an experienced workers compensation attorney. You provide little facts, so determining a quick answer is out of the question. Fact is, in many cases, you have a workers compensation claim and a third party claim.
Yes. The fact an employee is full-time, part-time, or temporary doesn't matter. It certainly impacts the average weekly wage. However, if you are hurt at work, no matter how many hours you were, you are entitled to workers compensation benefits.
Generally, no they are not. If you have to attend an Independent Medical Exam by the insurance carrier, and drive yourself, then yes, they must reimburse you for that. The issue revolves around treatment is considered local. If treatment is available locally, then you are not entitled to...Read more »
First thing you should do whenever an injury occurs at work is report the injury to your employer. That is number one priority. You have 20 days to report the injury to get benefits back to day you stopped working. If you do not report the injury within 120 days your claim will be barred. Just...Read more »
I got hurt on the job and had my arm crushed and lost my right thumb. I worked for 24 years with one company and then they closed so I found another job, worked there for 2 years and they closed. Then my husband got sick so I didn't work for about five years. After he passed away I found another... Read more »
More than likely you do not have current insured status. To be eligible for SSDI, you have to have enough work credits. Kind of like Unemployment. Check with your local SSA office and inquire with them what your 'date of last insured' is. For example, if your date of last insured is 3/31/2018,...Read more »
My suggestion, as with all work injury cases, is to obtain an experience workers compensation attorney to help guide you through things like pay, wage loss, and medical benefits. The benefits and rights are just too important.
It is a little more complicated than that. There are specific facts and tests to determine fi you are an actual independent contractor compared to an employee. Your best bet is to speak with an experienced workers compensation attorney. If in fact you are a true independent contractor, then you...Read more »
Absolutely. Aggravation of a pre-existing condition is a separate and distinct work injury. You need to obtain the medical evidence and opinion on aggravation of the condition. I recommend hiring an experienced Pennsylvania workers compensation attorney to assist you. Often times, aggravation...Read more »
I hurt my shoulder, had surgery and now have reached MMI. They're Dr says I'll never be more than 85%. My employer says they don't want me back because I'll never be 100% and they don't have any other jobs for me. I'm happy with getting a settlement. I'm also 67 years old.
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.