Q: Fell in January 11 and diagnoised with concussion and Post CS. How do wages get paid through Workman's Comp?
Fell January 11th. Been sending Bills to carrier. Carrier has only sent a prescription card. Haven't recieved a paycheck from work. How do I get lost wages paid to me until the doctors send me back to work.
A:
Assuming you provided prompt Notice to your Employer regarding your work-related injury, the Workers Compensation Carrier as 21 days to either accept or deny your Claimant. If you have not received a Notice of Workers Compensation Denial or Notice of Workers Compensation Payable by now it is imperative that you contact and Attorney who is a Certified Specialist in Workers Compensation Law to assist you with the filing of a Claim Petition and possibly a Petition for Penalties.
Wage loss benefits are payable if you have been out of work for more than seven days. If you have not missed more than seven days from work, you were not entitled to any wage loss benefits.
Again, it is my recommendation that you probably contact and Attorney to schedule a Free Consultation to discuss your rights and remedies.
Timothy Belt and Glenn Neiman agree with this answer
A: The workers' compensation carrier only has 21 days from the date the injury is reported to accept or deny your claim and initiate payment. Since that period has past, it is fair to assume that the carrier has at least denied liability in regard to wage loss payments. To obtain payment of wage loss benefits you would need to file a petition and potentially litigate that petition before a workers' compensation judge. The process is rather complex, so it would certainly be in your best interest to contact a workers' compensation lawyer in your area to assist you with this claim. Your post indicates you are in the Philadelphia area. Attorney Jaffe who also answered this question handles cases in your area, and is a highly respected workers' compensation attorney. He provides free initial consultations, so there would be no harm in giving him a call to discuss your options.
Glenn Neiman agrees with this answer
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.
