Get free answers to your Workers' Compensation legal questions from lawyers in your area.
My first concern is recovering from the caused injures depicted by CT scans (I landed on a protruding baseboard heater), yet how long do I have to later proceed (in PA) with possible negligence since the chair was previously informed to be broken, but it had not been replaced for months (it was... View More 
answered on Feb 18, 2017
Since this was a work-related injury, you are limited by law, with one possible exception, to a workers' compensation claim and have no right to sue the employer for negligence. The possible exception is if the "broken chair" had a design or manufacturing defect that led to the first... View More
Claim was accepted. Received NCP w/wrong body part listed. Person received treatment & multiple tests done per insurance company. Doctors’ original assessment & tests confirmed proper body parts to treat but insurer wouldn’t correct NCP or Supplemental Agreement. Treatment continued... View More
answered on Feb 15, 2017
You need to have it reopened. I suggest you contact a member of the Pa. Assn for Justice who handles workers compensation--they give free consults. If you need names give me a call.
My job called to ask for an update the day after I went to see the doctor's physician assistant . I was never told to return to work, just to go to 12 weeks more of physical therapy. When I called my employer the next day on another issue they asked for a referral from the doctor . I was... View More
answered on Feb 11, 2017
This is not a simple yes or no answer. You may have signed an authorization allowing this contact when you were initially injured. Many times an injured worker is asked to sign several documents at the time of injury, and the documents are not always explained to the injured worker. Another... View More
I have a Doctor that has always taken care of me inside of work and outside of work. Recently the company decided to take my Doctor off there list for work related injuries. Why would I agree to see another doctor whom I do not trust.
answered on Feb 11, 2017
In Pennsylvania so long as the employer maintains a list of providers that are consistent with the Workers' Compensation Act an injured worker is required to treat from this list for the first 90 days after the date of injury. If the injured worker does not treat from this list during the... View More
I have asthma caused by allergies to chemicals and perfumes. I work for a company that has a "no chemicals or scents" policy that was in place prior to my employment. They are well aware of my conditional. Last week, one of the employees sprayed bleach, with caused an asthma attack so bad... View More
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answered on Feb 6, 2017
Yes, if a doctor says that the condition you have is related to the exposure at work, workers' comp would be responsible for treatment related (this would be known as an "aggravation of a pre-existing condition"). If you are out of work more than seven days as a result of this... View More
answered on Feb 3, 2017
If you have actual employees then you must have Workers Compensation Insurance. Failure to carry Insurance can result in criminal fines.
The Act does permit Executive Owners of corporations may opt out of coverage so if there is nothing but Officer/EE's of your LLC you may be able to... View More
answered on Feb 2, 2017
Many factors go into determining the settlement value of a Workers Compensation Claim including, but not limited to the Claimant's Average Weekly Wage and corresponding Weekly Disability Rate, the extent of Claimant's injuries, whether, or not, there is any Litigation pending and if so... View More
I was injured at work in Philadelphia April 2014. Broke my shoulder. WC paid all medical bills for two surgeries and PT. I assumed I'd heal. In May the university laid me off as part of a reduction in force. I found another position and moved to SC. Shoulder by September did not heal. Needed s... View More
answered on Feb 2, 2017
In order to respond to your question, I would require more information, including, but not limited to whether, or not, you previously received any wage loss benefits as result of your work injury and, further, whether you are working with, or without restrictions when you were laid off in May,... View More
job long enough. I have worked at FT job over 2 years, my PT job for over 6 months. I am losing a huge portion of wages.
answered on Feb 1, 2017
I believe your wife posted a similar question. Regardless the carrier is wrong. I would suggest obtaining a lawyer and seeking to increase your average weekly wage. I would also consider seeking penalties.
both. Both employers submitted income info. He has been with FT over 2 years and the PT for over 6 months. His claim was approved , but WC is saying his 2nd income will not be covered because PA does not require them to if he has been at the 2nd job less than one year. He has taken a considerable... View More
answered on Feb 1, 2017
They are wrong. Get a lawyer and pursue a Petition to Review AWW and a Petition for Penalties.
My husband was hired through integrity staffing solutions (herein referred to as ISS) to work for Amazon in Easton PA. He was nearly terminated after an on the job injury, and then forced to leave early due to an asthma attack. He was told at the beginning of his employment that he could bring his... View More
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answered on Jan 31, 2017
The facts that you detail could support a claim under the Americans with Disabilities Act and the Pennsylvania Human Relatins Act depending on how the situation plays out. Feel free to contact our office to provide further details for assessment.
I was injured at my job almost a year ago and are still getting testing done with no treatments yet. While still employed by the place I was injured, working "light duty" but not really , I sometimes have to miss work due to these tests, but my WC says legally they don't have to pay... View More
answered on Jan 31, 2017
Time missed for treatment related to your work injury is not a clear yes or no answer. If you are able to schedule the treatment outside of working hours you have an obligation to do so. If you choose not to, the carrier is not required to pay wage loss for time missed to attend this treatment.... View More
answered on Jan 27, 2017
First of all Comp can't be stopped without hearings and order of the Judge. If marijuana is legal in the state and doctor perscribes it,probably no. In Pa it is I believe still illegal. So the defense would try to stop your benefits. Whether they would win or not depends on much more
I also received a Notice of Suspension or Modification but was taken back out of work by the doctor the same day this form was created. I have not challenged the Suspension due to receiving the new Supplemental Agreement for Compensation for Disability or Permanent Injury document the following... View More
answered on Jan 27, 2017
You need to file an Answer to the Suspension just to protect yourself. Not having seen the Supplinental Agreement it would be difficult to give you the proper answer.
I use it for depression and chronic pain. Thank you
answered on Jan 26, 2017
It would all depend. If the use of marijuana affects your ability to do your job and is keeping you from returning to work, then yes. Otherwise if you use it at home it's not relevant in my opinion
I have been paid 12 hr the entire time, they choose where i work and what gets done, they provide all tools, i have worked 10-20 hours of overtime and never been paid extra for it, I have zero benefits. Can I sue? and for how much? I roughly make between 500-700 a week at 12hr most weeks are 45-65... View More
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answered on Jan 24, 2017
The limited facts that you outline could support you being deemed an an employee. If you are an employee and work more than 40 hours per week, you could then be entitled to overtime pay for each hour over 40 that you work. More details concerning your job duties and the employer are needed in order... View More
Is out of Iowa ? They said I could pick any dr so I went with my family dr who has been tending to me they insisted I go to one of their dr from Wisconsin that they have one that travels to pa but that apt is still 300 miles away and my dr gave a report I could not travel that far that they would... View More
answered on Jan 20, 2017
There may be sufficient contact with both WI and PA to file a claim in either state; however, if the injury happened in PA you definitely have the right to pursue a PA claim. 300 miles for treatment is completely unreasonable. Contact a lawyer and get this in front of a workers' compensation... View More
They told me I could see any dr or specialist now they are telling me I have to see one of their dr from Wisconsin they set up an apt 300 miles away still in my state of pa but very far away my dr has sent them a letter stating I can not travel that far but they are not approving any more or my... View More
answered on Jan 20, 2017
There may be sufficient contact with both WI and PA to file a claim in either state; however, if the injury happened in PA you definitely have the right to pursue a PA claim. 300 miles for treatment is completely unreasonable. Contact a lawyer and get this in front of a workers' compensation... View More
answered on Jan 17, 2017
There is normally a one week hold on wage loss benefits; however, WC will often ignore an injured workers entitlement to temporary partial wage loss benefits. If you have already missed the equivalent of a week of work and are not being paid wage loss benefits, you should seriously consider... View More
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