Get free answers to your Workers' Compensation legal questions from lawyers in your area.
On partial workers comp. I am working 40 to 45hrs
My normal is 55+ therefore I receive a partial workers comp check every week. 2/3 of amount below my average weekly rate.
I contracted covid and was hospitalized for 2 weeks and am now on short term disability (paid for by my... View More 
answered on Dec 23, 2021
Since you are out for a reason other than the work injury, you would not be entitled to payment of the full rate. However, assuming your restrictions and the availability of work has not changed, you should be entitled to continuation of the partial wage loss benefit that you were receiving.
Workers compensation, work-related injury, fired because I reported sexual harassment while on the job. Received EEOC Notice to Sue letter scheduled to end November 27th. I need representation.
answered on Nov 10, 2021
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My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... View More
answered on Nov 10, 2021
I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with... View More
fell off a ladder at a property while doing my job
answered on Oct 6, 2021
If you are injured at work, your only remedy against your employer or a coworker would be through workers' compensation. If you are a sub-contractor, or if your employer does not have workers' compensation insurance, you may be able to pursue a personal injury claim against them... View More
In months and they haven't responded to you about your case moving forward
answered on Sep 20, 2021
Call them up and demand a meeting. If they refuse, you have a right to take your file and go to another firm. The claim is yours, not the attorney's.
settlement for future earnings. Is your spouse entitled to this lump settlement?
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answered on Aug 26, 2021
Unfortunately, I cannot answer your question. I (and my firm) handle only PA workers' compensation cases. The question you are asking is not governed by workers' compensation laws, but by family law. I would suggest you post this on the Family Law practice area. Good luck!
I am expected to sign a C & R that does not include any amount paid to Medicare for the health costs for the direct result of assault. They take no responsibility for this. I understand they need to put this in somewhere on the C & R. They do not want to do this, they don't want... View More
answered on Aug 17, 2021
I believe I responded to you before. It is up to you. You can sign the agreement and take the risk in regard to the medical issues, or you can try to renegotiate the terms. If unable to renegotiate the terms, you can move forward to decision and take the risk that you will lose. I would suggest... View More
I believe my lawyer, is settling for money, although the defendant denies I was hurt at work or they will /have paid any medical expenses. I have a clients information and a report filed on the date of my assault, their doctor wrote I could have received the chronic hematomo on that date. My... View More
answered on Aug 16, 2021
First, your lawyer cannot settle without your agreement, so if you want to take the risk that you may lose in taking your claim to decision, you do not have to settle.
Second, all terms of the settlement should be within the C & R agreement. Read it carefully. If it says that Medicare... View More
Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... View More
answered on May 11, 2021
That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... View More
Here are a few bullet points of what occurred:
1. Verbal & Sexual Harassment
2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.
3. Vehicle... View More
answered on May 6, 2021
In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... View More
first I was told to go to an urgent care the following week even though my supervisor saw the incident happen and was not told to report it, paid out of pocket, then from there the doc report said it was WC said work but has to follow with occupational doc, never heard from WC until she called to... View More
answered on May 1, 2021
Assuming your employer is not self insured and has actual insurance, the change in ownership will not change the carrier's obligation to make proper payment for an accepted claim. Whether or not this is an accepted claim is a different question. It sounds like the employer and possibly the... View More
Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day
answered on Apr 18, 2021
For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim... View More
answered on Mar 25, 2021
I am assuming based on your question that you are already represented by an Attorney, therefor I believe this question should be posed to your Attorney who would be in the best position to answer same.
Good luck.
from employers W.C. carrier? How long does the employer have to accept or deny my claim?
answered on Oct 8, 2020
I am sorry to hear about your recent work injury.
Assuming you provided prompt Notice of your injury to your Supervisor or Employer their Workers Compensation Carrier has 21 days to either acknowledge or deny your Claim in accordance with Section 406.1(a) of the Act.
If it has now... View More
I drive a school bus in the morning and afternoon. Between my routes I am on light duty instead of doing strenuous work on a labor assignment. They won't let me work overtime driving a bus.
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answered on Oct 7, 2020
After you are released to return to work, following a work injury, your employer can elect to offer employment to you within your restrictions. If you continue to suffer a loss in wages due to your restrictions (such as no longer getting overtime work), then you should be receiving partial... View More
Is this possible I wanted to get advice on how to approach this
answered on Jul 5, 2020
I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment... View More
answered on Jun 29, 2020
I am sorry to hear you are having problems with your back from a work-related injury.
Unfortunately, your question does not provide enough information for me to respond. If you are treating with your primary care physician and he is telling you this because he does not want to treat a... View More
for me?
we are currently in a workmans comp case severe tbi. They are trying to settle for 80.000 but he is still suffering and he did not receive the proper treatment due to the dr and scheduling and were advised by our current lawyer to remain with them. My problem is he is getting worse... View More
answered on Apr 27, 2020
I am sorry to hear about the issues that you are having with your Claim for Workers Compensation Benefits, however, as it appears that you are represented by an Attorney these questions would best be posed of him or her as they would be in a much better position to address your concerns.... View More
answered on Apr 17, 2020
You would have an argument to make that you have a "necessitous and compelling reason." Much would depend on what "these conditions" are--are you near customers? Do you have a good facemask ? Do you have gloves? Do customers have hand sanitizer or gloves they are given? If you... View More
need a lawyer from Pennsylvania pittsburgh area
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answered on Mar 27, 2020
Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.
Scott Bocchio, Esq.
855-254-7841
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