Get free answers to your Workers' Compensation legal questions from lawyers in your area.
answered on May 12, 2018
I am not aware of an appellate case that has addressed Uber. However, the distinction between employee and independent contractor is a question of a number of factors the most important of which is control of how the work is performed. Since the initial consultation is free, I would suggest that... View More 
Went back to work. I never paid it all back. Can they take it out of a new workman’s comp case?
answered on May 12, 2018
There should not be any connection between the 2 claims in regard to a credit.
I’m curious as to where I stand in this process. I’ve seen a comp dr. Twice in the last month and I’m on one arm work only. I’m curious as to where I stand right now in the process. I’m told to talk to the claims adjuster again on Monday.
answered on Apr 28, 2018
If your work injury has been accepted, you enjoy a rebuttable presumption when you are laid off from a modified duty job that your loss of earnings is related to the work injury. In other words you have a strong claim for wage loss benefits under the the PA Workers' Compensation Act. This... View More
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answered on Apr 20, 2018
Whether it will be covered is usually easy - the vast majority of employees in PA are covered by workers' compensation. Federal employees are under a different system, as are railroad, harbor and military, but most people are covered by workers' compensation. The better question may be... View More
I was employed as a CNA last year and I am now an LPN with an increased salary. I was just injured at work but they are paying me last years wages not my new wages as an LPN
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answered on Apr 19, 2018
Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your... View More
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answered on Apr 17, 2018
The general rule is that if medical treatment for a work injury is available outside of your work hours, then the workers' compensation insurance carrier would not be responsible for the payment of wages you would lose by getting the treatment. On the other hand, if the medical treatment is... View More
I have to see a neurosurgeon about my neck and the pain is worse since the second accident at work. Since I have the appointment this week I was told I did not need to go back to the doctor I could wait until I see the neurosurgeon Tuesday and my WC doctor on Thursday. I'm not sure at this... View More
answered on Apr 2, 2018
First, you have posted in a PA thread, so if this is not a PA injury the answer provided may not apply. I would first strongly suggest that if you have not reported the second injury, that you do so. In regard to an attorney, there really isn't a downside in getting an attorney involved.... View More
They accepted arm elbow shoulder but had an ime say he did not think neck happened at same time .but it did.I’ve complained about it the whole time the panel doc said cervicle strain.had mri.herniated disc 5-6 stenosis 3-7 2bulging discs and osteophyte complex.have Radiculopathy in right shoulder... View More
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answered on Apr 2, 2018
You need to get an attorney, preferably one certified as a specialist in workers' compensation law, whether my firm or another of the fine firms on this board. An insurance carrier unilaterally describes the injury it accepts by issuing a Notice of Compensation Payable (NCP). If an injured... View More
I got injured at work. My lung popped up when I pulled a heavy box from a top shelf. I reported my injury and same night I was hospitalized. I had a surgery and I was staying off work for 7 business days. This accident happened to me at work due to heavy duty performance. My doctor said it is a job... View More
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answered on Mar 30, 2018
Call an attorney certified as a specialist in workers’ compensation, whether my firm or another of the fine attorneys on this board. A Claim Petition will have to be filed and the matter litigated before a Workers’ Compensation Judge. Feel free to contact me at 215-638-7500, or through my... View More
Arm. Is this covered by workers comp insurance my employer says no since I was at home. I think yes because I was only starting the van before I was scheduled to clock in because of the managers meeting. My van is co.pany issued and I travel most of my day as a project manager. The managers meeting... View More
answered on Mar 28, 2018
My answer is maybe. The coming and going rule would normally preclude a claim, but there are exceptions for traveling employees, or travel for special assignments. It could also make a difference if the van is provided by the employer. It would be worth a meeting with a workers'... View More
Obvious Work injury in front of 2 witnesses. Insurance company denied. Went to 5 therapies and still continuing therapy twice a week from head/back injury. Attorney filed a petition for benefits. Employer paid me WC benefits for first few months then denied out of nowhere. Then judge denied... View More
answered on Mar 17, 2018
From your question it sounds like you already know that it means you are not getting paid during the litigation of the petition. It also sounds like you have a lawyer, so you would be better off addressing legal questions to your lawyer who knows the facts of your case than to a bunch of lawyers... View More
My employer is demanding that I come in and work modified duty. They claim they have paperwork (I'm not signing anything without my lawyer) and want me to sign. Must it come from them or Workman's comp?
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answered on Mar 6, 2018
If you already have a lawyer, this is a question best posed to your lawyer. If you do not have one, you should immediately get one. The time when an injured worker goes back to work is a time when issues often arise, and it is critical that the injured worker be fully aware of his or her rights.... View More
At this time, I do not think they are disputing the injury.
answered on Mar 5, 2018
You do not have to sign an authorization at all. Your medical providers for the work injury will submit copies of their records when they submit their bills for payment. That being said, the adjuster will often pressure you to sign an authorization, and it is not unheard of that an adjuster will... View More
Saw Dr on Thursday, he still has me off work. I still have trouble walking and standing long time, right now with crutch or cane. What do I need to do?
answered on Mar 5, 2018
A conflict between the IME doctor and your treating doctor as to ability to work is fairly common. If you are receiving benefits for an accepted claim, the workers' compensation carrier would need to obtain a decision from a judge or a signed agreement from you before they can stop paying... View More
Im a truck driver and my truck rolled over. My employer never contacted anybody from my emergency contacts. One of the managers came to the hospital I was in and stayed the whole time. I felt uncomfortable and pressured. He kept asking what time it was because he wanted to take me back to my job... View More
Im a truck driver and my truck rolled over. My employer never contacted anybody from my emergency contacts. One of the managers came to the hospital I was in and stayed the whole time. I felt uncomfortable and pressured. He kept asking what time it was because he wanted to take me back to my job... View More
answered on Mar 5, 2018
Morally yes. Illegal, no because forutnately you didn't have a major head injury related problem. However you need to follow up. If another driver was injured or if you are out of work more than a week call me as you may have other benefits you can use.
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answered on Feb 28, 2018
Yes, if you are back to work and earning less now than you were earning at the time of your injury (through fewer hours per week, or a lower hourly rate, or perhaps from lost OT), you should be entitled to partial workers' comp, to help make up that difference. The best thing you can do is... View More
therapy. I was told that the time would have to be taken out of my lunch or off the clock is this true?
answered on Feb 16, 2018
If the physical therapy facility is open either before or after your normal working hours, you would not be entitled to any lost wages or Partial Disability Benefits for seeking treatment during normal working hours. If, however, the physical therapy facility is only open during the same hours of... View More
I had an accident in 2016 and I have been in physical, speech and occupational therapy for more than 6 months. I haven't receive a single dollar from my ex employer for time loss. They are taking me to court to sign a compromise and release agreement and pay me a small sum of money to settle... View More
answered on Feb 11, 2018
If you sign the Compromise and Release Agreement you will only receive what is in the agreement. It is unlikely that the agreement will allow for payment of ongoing medical bills, and you cannot file suit against your employer. You must pursue your damages through workers' compensation.... View More
I am not allowed to go back to work until I can do full duty. While I am off work, my employer is taking my vacation days. Is that legal?
answered on Feb 10, 2018
If you have vacation days available, your employer may require you to use those vacation days while you are out of work for your injury; however you may be entitled to payment of workers' compensation wage loss benefits in addition to the vacation days without a credit to the employer or the... View More
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