Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I went to court in march my jobs lawyer said that they wanted to settle out of court. My lawyer said it would take 60days still no settlement or workers comp and they have not paid my medical bills.
answered on Jun 25, 2015
Obviously this is a disputed claim or you wouldn't have gone to court. When a claim has to be litigated it can take a year or more from the time that the petition is filed until a decision is received. During that time period, if benefits are disputed you would not be receiving workers'... View More 
The insurance dr wrote a report in my favor and request more info for addendum. The addendum report was unchanged. I'm still denied because the insurance company withheld the information in which they denied me in the first place. It has been 6 months with no pay and I'm loosing... View More
answered on Jun 21, 2015
If you do not have an attorney, you need to get one. If you do have an attorney, ask them what action they are taking to pursue your claim. It is possible for there to be a factual issue beyond the medical opinions which could result in a denial of your claim and the need to fully litigate your... View More
answered on Jun 21, 2015
No, but if your employer has complied with providing you with notice of the medical panel and other panel requirements they will not have to pay for your treatment during the first 90 days after your injury. If you were given notice of the list of panel providers at the time of hire and at the... View More
Second opinion. I am still doctoring for the pain which is excruciating at times. Neck and shoulder injury. My spinal cord was pinched halfway in two spots on my neck.I'm still on meds for muscle relaxers and pain and causes me to be extremely drowsy . And if I don't take them the pain is... View More
answered on Jun 21, 2015
It is possible that the judge may find the IME doctor more believable than your doctor and stop your benefits. Your attorney would be in a much better position to tell you what you can expect from your particular judge with the doctors involved in your claim.
my company COBRA is over 50% of my WC income and between it & my mortgage Ive got NOTHING left... Ive sold cars & belongings to be able to feed my children & spouse... I refuse to lose my house... my credit is quickly slipping... my credit cards are max'd... my arm is still not... View More
answered on Jun 21, 2015
In most cases, workers' compensation only covers wage loss and medical bills causally related to your work injury. Workers' compensation would not cover COBRA and if you quit your job while the employer has work available within your restrictions, including in the plant, you will not be... View More
I drive a delivery truck.Alot of drivers have knee problems from in and out of truck it is definitely work related? If I was a banker or a salesman I would understand
answered on Jun 21, 2015
If your doctor says it is as a result of your work duties or that your work duties have made the condition substantially worse, you have a potential claim and should contact a lawyer about filing a claim.
Several years ago I fell on ice in my employers parking lot. My employer removes the snow from all their parking areas and piles it in the rear parking area where their tractor trailers are parked, during the melting & refreeze there is an icy path across the parking lot where I as a driver... View More
answered on Jun 21, 2015
Your employer may be negligent, but that does not mean you can pursue them through a personal injury case. Your claim against your employer and coworkers would in almost all cases be confined to the workers' compensation claim. However, if there was a third party involved such as an owner of... View More
answered on Jun 10, 2015
That would be very unusual. Arguably if that is the only possible way that you can receive PT, a judge might say that it is covered, but the carrier is unlikely to simply agree to this, and you will in all likelihood be required to fully litigate your position which could take a year or more to... View More
On workers compensation for over 1.5yrs, 4 surgeries into a wrist injury and so broke Ive started selling my vehicles because the "Maximum payments" allowed by PA law are not but about half of my normal NET income with wife & children to support. Im a truck driver by trade but the job... View More
answered on Jun 10, 2015
Your question is very fact specific and you should discuss this with your attorney. As a general rule in my practice when an injured worker has reached the point where they are unlikely to require additional expensive medical care such as surgeries and their ongoing need for medical treatment is... View More
The Worker's Compensation Act was written so long ago with the maximum payments written in a different economy and time... why if my normal earnings & 66% of my normal earnings far exceed the weekly maximum why is that all my employer has to pay? Is there any way I'll ever be... View More
answered on Jun 10, 2015
The maximum wage loss benefit is recalculated every year, but since an individual workers' average weekly wage is fixed by their date of injury, you will never receive more than the maximum for that date of injury. The logic is that fixing a maximum helps to control the cost of workers'... View More
answered on Jun 9, 2015
There is no specific time frame in which the judge is required to issue his decision. The amount of time it takes for a decision depends on the judge and that judge's current work load. Some judge's will have a decision circulated within 30-60 days of the due date for the briefs while... View More
The insurance company gave written approval for acupuncture treatments and now are not paying the provider. I've contacted them 6 times to follow up on payment
answered on Jun 9, 2015
Yes you can file a petition yourself. However, you may have some difficulty litigating the petition yourself. Most petitions will require testimony from the injured worker and the injured worker's doctor. Furthermore, the employer is free to present testimony from any fact witness that may... View More
I have a knee injury from driving duties at work, and am restricted from driving for 3 months. I can still work full time hours on other activities. My doctor has provided the appropriate documentation to my manager. I have to go to physical therapy 2x/week for 1 hour. Can I schedule those... View More
answered on Jun 8, 2015
If you are able to schedule medical treatment outside of working hours and fail to do so, you are not entitled to wage loss for missed time to receive the medical treatment; however, if the treatment is not available outside of working hours AND you schedule the treatment to miss as little work as... View More
I am on workers Comp and my husband got a job offer out of state. I asked my case worker if this would effect my wc and she said no. Do I have a case if they said well you quit so you get nothing? I do have the email she sent stating that it will not.
answered on Jun 4, 2015
First off, don't quit and that is not an issue. As to moving out of the area with a legitimate reason, I would agree that it will have no immediate impact on your wage loss benefits. If may make obtaining medical benefits more difficult since out of state doctors may not accept PA... View More
how many hearing do they really get
answered on May 29, 2015
I really need more information to answer this question. There is something called a Petition to Review which is used to attempt to change things like the description of injury or average weekly wage, but I am not clear whether that is what you are referring to. If you have a lawyer, your best... View More
answered on May 23, 2015
I am not sure what you mean by ok, but there isn't a law against it. Such a move should not have any immediate affect on your medical benefits, but it could have serious impact on your present and future rights to wage loss benefits. For a more complete answer, you would need to contact an... View More
answered on May 21, 2015
You can talk to the doctor and explain the issues you are having. He may reinstate work restrictions. If you are not comfortable with this doctor, you can obtain a second opinion.
answered on May 21, 2015
You never have to settle your case. You cannot be forced to settle your case.
answered on May 21, 2015
This is not a straight yes or no question. If you can demonstrate that you have no access to public transportation and there is no way that you can obtain medical treatment without the employer or its carrier providing transportation, there is case law that indicates they may be required to do so.... View More
I have been working modified duty now it is up in the air .i am at home using sick days trying to use my own insurance.lol.
answered on May 17, 2015
You would need to file a Claim Petition. The process is long and complicated. You can certainly attempt to do this on your own, but few non-attorneys have the knowledge or expertise to successfully file the necessary petitions, examine and cross examine medical and fact witnesses, and then write... View More
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