Q: hurt knee 6/16 and returned to work 1/17, hurt neck 5/17. comp ins comp says my payments will be less this time. legal?
comp says because i was not back to work long enough my weekly payments will go from $780 per week last injury to $440 this time does this sound right or somthing it should look into further?
A: No that does not sound right. If you were receiving wage loss benefits for the first injury between 6/16 and your return to work on 1/17, the average weekly wage for the first injury may apply to that period of time. Furthermore, if you returned to work with restrictions and were not making as much money between the return to work and the second injury you may be entitled to payment of partial wage loss during the return to work and application of the average weekly wage from the first date of injury to the time that you were working. My office is in Kingston which is very close to Weatherly. Please feel free to give me a call at 570-714-3343 to discuss your specific facts.
Richard Alan Jaffe agrees with this answer
A:
I am sorry to hear that you have sustained not only one but now to work-related injuries in the past year.
There is case law that would hold that your initial injury and its Average Weekly Wage may apply to the 2nd injury so that you can "maximize" your entitlement to Workers Compensation Benefits by combining your pre-injury wages from the 1st injury. What your Employer and its Workers Compensation Carrier are doing are contrary to the cases that have interpreted Section 309 of the Pennsylvania workers Compensation Act, as amended which address your very situation.
It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation. The initial consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis. Please feel free to contact my Office or any other Certified Specialist in Pennsylvania workers Compensation Law closer to your home.
Timothy Belt 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.
