Q: Am I entitled to a WC settlement in PA?
I was injured at work in Philadelphia April 2014. Broke my shoulder. WC paid all medical bills for two surgeries and PT. I assumed I'd heal. In May the university laid me off as part of a reduction in force. I found another position and moved to SC. Shoulder by September did not heal. Needed s total joint replacement. Got in in March 2015. In September it became loose. No doctors want to do a 4th surgery because odds are not good. Pain is constant and movement of left arm is minimal. Now unemployed due to inability to drive and keep up because I'd pain. Trying to get SS disability. But my SC lawyer is surprised I did not get a financial settlement from WC.
A:
In order to respond to your question, I would require more information, including, but not limited to whether, or not, you previously received any wage loss benefits as result of your work injury and, further, whether you are working with, or without restrictions when you were laid off in May, 2014.
As your injury occurred in April, 2014 and there is a three-year Statute of Limitations for Workers Compensation Claims in the State of Pennsylvania, it is imperative that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to file a Claim Petition, on your behalf, if your Claim was never accepted as a wage loss claim.
Once your Claim has been acknowledged a determination can be made whether, or not, you would be entitled to a financial settlement.
Please note that most Attorneys will accept your Claim on a Contingent Fee Agreement and the initial consultation would be free of charge. Given the time constraints, it is my recommendation that you do not delay any further as a Claim Petition must be filed within the next 2 months or you will lose all rights to any Benefits you may be entitled to.
Timothy Belt agrees with this answer
A:
You are not guaranteed any form of settlement in PA; however, you may be entitled to ongoing benefits. If you are entitled to benefits, future entitlement is often resolved via a lump sum settlement through which you receive an agreed upon amount in exchange for giving up future entitlement to wage loss and medical benefits.
As stated by Attorney Jaffe, if your claim has not been officially accepted you only have 3 years from the date of injury to file a claim petition. Since payment of medical bills alone is not an admission of liability by the employer/carrier, you really should meet with a PA WC attorney immediately to make sure your right have been protected.
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