Q: I have a torn rotator cuff and torn labrum that I got on a PA construction job I was working on almost 3 years ago
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 movements and I have continued to work for different contractors over the last 2+ years,recently it has been bothering me more so to the point now i want to fix it and get the surgery,will the contractor's insurance company I was working for when i got injured still cover the surgery and wages i will miss from work for this ?, I never signed off on anything and the last i spoke to the adjuster was i was going to see how things go...... thanks in advance for any replies
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A: 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 of your injury within 120 days of the injury, and the injury took place no more than three years ago, and the doctor performing the surgery believes the surgery is related to the work injury, you probably have a viable case. But, as I say, the best thing you can do is sit down with an attorney to go over your case in much greater detail, so you can see where you stand. Feel free to contact my office (or any of the other fine attorneys on this board) for a free consultation.
A: It depends on whether this claim was officially accepted and if so in regard to what injury. You only have 3 years from the date of injury to file a Claim Petition if the claim has not been officially accepted. Payment of medical bills by the carrier is not the same thing as the claim being officially accepted. Since you are close to the 3 year mark, I would strongly suggested that you contact a local workers' compensation attorney to determine the legal status of your claim and what, if any, petitions need to be filed to perfect your rights.
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