Pennsylvania Workers Compensation Legal Questions

I don’t know if you were represented in either matter, but I strongly suggest speaking with workman’s comp counsel to review the cases and advise you. I trusts this answers your question, but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com   ... Read More

It sounds like you have 2 possible issues: workmen’s compensation and medical malpractice.  If your shoulder was not properly treated, that is a separate cause of action. I hope this addresses your question, but do not hesitate to call or email me on a free initial basis. Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

No you are not responsible if you are following orders. However, you should not be asked to perform work which is beyond your physical restrictions.   You need to get your doctor involved to assess the job they are offering you to decide if you can handle it.   If you have any attorney, they should know about this. If you do not have an attorney, perhaps you should consider one.  Best of luck.  ... Read More

Employers are typically responsible for medical expenses related to work injuries.  You should give your employer notice of the work accident so that they can open a workers comp claim with thier insurance company.  The bill should be given to the insurance company for payment.  ... Read More

Jackie: I am sorry to hear about the injury that your husband suffered, and the resulting difficulties that the 2 of you are experiencing.Unfortunately, Workers Compensation only provides wage loss benefits and medical benefits, not "special damages." Further, a Spouse does not have a cause of action result of a Workers Compensation Claim.If your Husband was injured by a "third-party" such as being involved in a motor vehicle accident, slip and fall on a customer's property or by a defective product, he may have a third-party cause of action which would then allow you to have a loss of consortium claim. If, however, your husband's injuries was merely due to his performing his regular job duties and/or caused by a co-employee he would not have such a third-party cause of action nor would you have any loss of consortium claim.If you require any further information regarding your inquiry, do not hesitate to contact my Office. Richard A Jaffe 215 496 9607 http://www.PhillyWorkInjury.com... Read More

3 moths in?  Wow that's fast.  You can certainly try but you face an extreme uphill battle. You'd have to convince the Judge that you did not understand the agreement you entered into or your understanding of the situation was so fundamentally deficient that making you adhere to the agreement is unuust.  But I'll tell you that it is customary to have a claimant like you testify at the hearing seekling approval of the settlement that you can't reopen the settlement if your condition changes or worsens. I'd bet you testified to exactly that. Keep in mind that your workers comp insurance carrier has a claim on any recovery you get from your personal injury claim.  Thus by reopening the case, you might end up having a larger reimbursement obligation.  You have 2 attorneys involved -- they should be able to adequately advise you on the pros and cons of this question.  You should seek them out and ask detailed questions.  ... Read More

I am sorry to hear about the injury which you recently sustained as result of a slip and fall injury while at work.Please note that if you continue to work, after your work-related injury, you would not be entitled to any wage loss Benefits, however, consistent with your inquiry, would be entitled to ongoing reasonable and necessary medical treatment. With respect to receiving treatment during working hours, if the physical therapy facility and/or Concentra where your Employer has force you to treat, does have office hours either before, or after your normal working hours he would not be compensated for lost time while treating for your work-related injury. If, however, Concentra and/your the physical therapy facility where you are treating is only open during your normal working hours, your Employer must compensate you for lost time.It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to schedule an Initial Consultation to discuss your rights and remedies. The initial consultation would be Free of Charge and most Attorneys will accept your case on a Contingent Fee Basis.... Read More

It is difficult to provide a proper response without further information.With that stated, assuming that your Workers Compensation Claim has been acknowledged with the issuance of a Notice of Compensation Payable and/or you are released to return to work with restrictions, and return to work with a continued loss of earnings, the Workers Compensation Carrier would be required to continue to pay Partial Disability Benefits which involves two thirds of your current earnings as compared to your pre-injury Average Weekly Wage. If you return to work, with restrictions, however, earning wages greater than, or equal to your pre-injury Average Weekly Wage the Workers Compensation Carrier would be entitled to a "Suspension" of your entitlement to Workers Compensation Benefits and would no longer receive wage loss benefits, but be entitled to ongoing medical treatment.If you are released to return to work, without restriction, you may no longer be eligible for any wage loss benefits or medical benefits and the Workers Compensation Carrier may Petition to Terminate your entitlement to to ongoing Workers Compensation Benefits.It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation and discuss your rights and remedies before taking any further action. The initial Consultation would be Free of Charge and most Attorneys will accept your case on a Contingent Fee Basis.... Read More

I can understand why your history is causing you some problems.  That being said, you should be aware that you must give your employer notice of your potential workers comp claim w/in 120 days of the injury or the date you became aware that you had an injury that you think was caused by your work.  You must file your petition for workers comp benefits with the state w/in 3 years of those above dates or your claim will be lost.  If you can't find counsel, you may want to try on your own. ... Read More

I am sorry to hear about the difficulties that you are having a work, however, I would need more information to be able to provide you with a proper response.   Based upon the information that you have provided, it would appear as if your Employer and its Workers Compensation Carrier are denying that your concussion syndrome is causally related to your July 27, 2017 work-related injury and as a result will no longer pay for treatment with the "company doctor." As your Employer has apparently denied your Claim, you are free to treat with a physician of your own choosing and should contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to discuss your rights and remedies as it relates to both your concussion syndrome and injured hand.   Assuming you have medical documentation to support the causal relationship between your current symptoms and the injury on July 27, 2017 a Claim Petition should be filed on your behalf, and possibly a Petition for Penalties.   If you would provide additional information regarding the status of your Claim, and whether, or not, you have received any Bureau Documentation from your Workers Compensation Carrier including, but not limited to a Notice of Workers Compensation Denial I will be more than happy to answer any additional questions.... Read More

Did you have an attorney involved in your workers' comp claim?  If so, I'd direct this question to that person.  If his employer is governed by the Family and Medical Leave Act, he can request to take intermittent leave under FMLA to attend his therapy sessions.  A call or letter from an attorney would probably do a lot to get the employer to be more flexible as well. ... Read More

I think your first step is to call the claims representative for the workers comp insurance and ask for clarification on the therapy.  There could be many reasons why the insurance company decided not to pay for therapy -- if that's actually true.  You can turn your bills in to your own health insurance company as well. ... Read More

The workers compensation law reuqires the employer to report a work injury to its workers compensation insurance company within 21 days after the accident.  You should ask to see a copy of the report that was prepared and sent to the insurance company.  Hopefully the employer does have insurance.  If not, that's ok because there is an uninsured employer guarantee fund.  If your wife missed at least 7 days of work, she's entitled to wage loss benefits in addition to medical benefits.  If she's not being treated right, I would encourage you to retain counsel to make sure she receives everything to which she is entitled.  She must file a claim petition with the state within 3 years of the injury if the matter is not accepted as compensable by the insurance company and she is not paid all benefits due.... Read More

So the client is offering to pay you, just less than what you deem to be fair?  I'd suggest that you weigh the "discount" against the time and effort and risk of failure it would take to get full pay.  You could sue the client but you might not win.  Sometimes a bird in the hand is better that two in the bush.  That's not always fair but sometimes its the prudent course of action.... Read More

If your wife sustained an injury at work that results in disability she should qualify for workers comp benefits.  Sometimes there's a work injury to a part of the body that had pre-existing problems.  In that instance, figuring out whether the disability is related to the work injury or underlying condition can be difficult.  Employers often use this to deny benefits.  You should contact a workers comp attorney in your area for further consultation.... Read More

Whether your injury has settlement value depends a lot on the extent of your disability, your employer's willingness to offer you a job that accommodates your condition or other work available in the local marketplace that you can do.  Your question can't be answered in this forum.  I'd encourage you to contact and attorney, share the details of your situation and get some idea of what your options are.... Read More