Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I need to know what the law is in Pennsylvania regarding scripts for FCEs. Also, is there any "liability" on the part of the therapist or insurance company that sent that claimant for the FCE if the patient "injures" him/herself during the testing? I need to know where I can... View More 
answered on Dec 23, 2015
If it is your doctor sending you for an FCE, normally they will write out a script and the normal rules regarding negligence and medical malpractice would apply. If the FCE is being scheduled by the workers' compensation carrier as part of what they call an IME, there is not normally a script,... View More
I burned my arm at work, causing second and third degree burns. I went to urgent care, at the okay of my supervisor, then several days later to a burn unit specialist. They were the ones who said I had to stay home until I returned to them twelve days later. Now the insurance company wants to... View More
answered on Dec 23, 2015
You do not have to allow the nurse case manager any contact with your doctor beyond what is specifically required for billing purposes. You can tell her to leave if she shows up at your doctor's appointment, and you can tell the doctor in no uncertain terms that you have not consented to him... View More
I have been trying to get in to a doctor per another doctors request for almost 3 weeks. Finally today, I received a call from the office that they finally got ahold of my workers compensation adjuster, and she told them my file is closed. WHAT!!!??!!?! How & why? Why am I not getting any... View More
answered on Dec 14, 2015
There is a difference between your claim being over and the adjuster closing their file. This sounds like an adjuster that simply decided they were not approving anymore treatment. If you have a lawyer, talk to them about possible petitions. If you do not have a lawyer it is time to get one... View More
I am still having a lot of issues and my job can not meet my restrictions at this time, I recieved a letter from workmans comp saying I have an obligation to look for employment or they can stop my benefits. I am a CNA and no one will hire me for a cna position with my restrictions nor could I meet... View More
answered on Dec 13, 2015
Whenever the carrier receives information that your medical condition has changed such as a restriction sheet from one of your doctors or a doctor that they send you to for an exam, they are required to issue a document called a "Notice of Ability to Return to Work." I believe this is... View More
I also just lost a tooth loosened by the fall and another is about to fall out, I reported the loss and had to call off cause of the pain, I just got terminated although the call off was because of the initial injury. I had been cleared to return to work without restrictions.
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answered on Nov 26, 2015
You should contact a local worker's compensation attorney. Most attorneys in this practice area will provide you with a free consultation. The issues will include your right to compensationa and if you were terminated as a retaliatory move by your employer. Good luck.
answered on Nov 11, 2015
In the average case there is no repayment of workers' compensation benefits received by the injured worker. There are some cases where an overpayment occurred and a deduction is made from future benefits to recoup the overpayment. It is also possible for an injured worker with a disputed... View More
I missed time due to surgery in my first year. My manager talked to me a few months later about attendance and time missed. I started getting sharp pain and weakness in my hands a few months ago. I didn't report it because I was afraid of losing my job. I was terminated this week for other... View More
answered on Nov 7, 2015
You have to report the work injury within 120 days of the accident or incident that caused the injury. If you are still within 120 days of the accident or incident, or if this is more of a repetitive use injury and you are still within 120 days of the last day worked, you may be able to file a... View More
ime now sending to vocational inter.i asked for to settle they offer something small. refused.can they stop my comp.? can they make get a job being on SSI?
answered on Nov 2, 2015
They are attempting to use the vocational expert to modify or suspend your wage loss benefits. They cannot force you to get a job, but if they can convince a judge that there is work available within your restrictions, they can potentially obtain a decision to reduce or even eliminate your wage... View More
I am rehabbing the knee at home and am off for 6 weeks due to the fact I work in a non access building on the 2nd floor with no elevator. I have a paid for vacation that occurs in week 4 of my leave and need to know if it is legal to go away?
answered on Oct 27, 2015
Have you asked your attorney? Have you asked your employer?
I recently experienced a sharp pain in my abdomen while working. I was sent to work health, turns out to be a abdominal hernia. Work health recommends i go for surgery consult. My job is telling me i must take my own insurance information with me so doctor can decide who he is going to bill. I am... View More
answered on Oct 17, 2015
You do not have to give the doctor your private health insurance information; however many doctor's will ask for back-up insurance information since they want to maximize the likelihood that they will be paid. That being said, it sounds like your employer and their carrier are playing games,... View More
i told the hospital i did it with a grinder at home can i get compensation
answered on Oct 14, 2015
The answer is maybe. First, you need to have notified your employer of the injury within 120 days of the injury date. Assuming you satisfy the notice requirement, you then have to overcome the credibility issue created by providing the hospital with an inaccurate history, so you may be able to... View More
I need to know if I am considered a contractor within Pennsylvania Workers Compensation Law or not. The cost of the permit is based on square footage, cost of material and weather or not I am considered a contractor or not. If I am NOT considered a contractor within the Pennsylvania Workers... View More
answered on Oct 10, 2015
This question requires much more information to answer and involves several laws other than the Pennsylvania Workers' Compensation Act. I would suggest that you schedule an appointment with a local lawyer familiar with both workers' compensation and the other laws surrounding... View More
Had back surgery and given deadline to return to work because of my medical insurance before full recovery.
answered on Oct 10, 2015
There are two separate questions here. As to the question actually asked, there is no time frame that you are required to return to work under Pennsylvania workers' compensation. Each case is treated individually based upon the nature of the injury and physical abilities of the injured... View More
I had just came up the stairs and turned on the landing and stared walking when I felt like a vibration then a sharp pain that went up my foot. I don't know if I twisted my ankle but I started limping right away and by the time I went to break half hour later I could barely walk. I went to the... View More
answered on Sep 26, 2015
I assume you mean submitting your medical bills to your private insurance. Assuming this is correct, yes you can submit your medical bills to your private insurance while contesting the denial of workers' compensation. You should, however, be careful that the documents indicate a contested... View More
answered on Sep 22, 2015
Maybe. That would depend on how long it has been since the initial injury and whether his death was as a result of that injury or due to an unrelated cause. It would certainly be worth a call to a local workers' compensation lawyer to explore whether you are entitled to ongoing benefits.
answered on Sep 22, 2015
No. Settlements are not automatic in Pennsylvania and there is no formula to calculate the value of the case. Each case is negotiated individually by the parties.
answered on Sep 18, 2015
Clearly if you do anything at home that is in excess of your doctor's work restrictions you are asking for trouble. For example, if your doctor has placed restrictions of lifting no more than 10 pounds, and you are carrying around your 50 pound child, that is going to be a problem. However,... View More
After 8 wk of PT and 2 mos of home exercises I demanded an MRI. Rotator cuff torn in 2 places & I need surgery. If I do not get back full use of my R shoulder should I get an atty?
answered on Sep 11, 2015
Pennsylvania Workers' Compensation Attorneys are paid on a contingency fee, and most if not all do not start charging a fee until there is actual litigation in which they obtain wage loss benefits for the injured worker or prevent those benefits from being suspended, modified or terminated.... View More
I should see a doctor, I just want to know the procedure as this pain only began after I had been working this new job.
answered on Sep 8, 2015
The first thing you need to do is report the injury to a manager or someone designated to process workers' compensation claims at your employer. They should then provide you with a list of doctor's that you can treat with. You get to choose from the list, and you are required to treat... View More
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