Q: I injured my shoulder 1 1/2 months ago. Been on light duty until I got laid off today. For lack of light duty work.
I’m curious as to where I stand in this process. I’ve seen a comp dr. Twice in the last month and I’m on one arm work only. I’m curious as to where I stand right now in the process. I’m told to talk to the claims adjuster again on Monday.
A: If your work injury has been accepted, you enjoy a rebuttable presumption when you are laid off from a modified duty job that your loss of earnings is related to the work injury. In other words you have a strong claim for wage loss benefits under the the PA Workers' Compensation Act. This depends on whether or not the claim has actually been accepted (paying medical bills is not the same thing as accepting the claim) and what document was used to accept the claim. I would strongly suggest that you schedule an appointment with a local workers' compensation lawyer to review the documents filed in your claim.
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.
