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.
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... Read more »
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...Read more »
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...Read more »
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... Read more »
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...Read 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... Read 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... Read more »
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...Read more »
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...Read 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... Read more »
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...Read more »
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 for...Read more »
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...Read more »
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.
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.
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...Read more »
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...Read more »
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...Read more »
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... Read more »
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....Read more »
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...Read more »
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