Pennsylvania Workers Compensation Legal Questions

that's a tough question to answer.  These are always very fact-specific situations whether the reduced hours are the result of the injury or true business lack of work issues.  I agree that your first best course of action is to seek a partial benefit rate under workers comp.  I'm doubtful you can get unemploymnet because you are working some hours.  But if you can do some type of gainful employment (of any kind) that would make you eligible for unemployment comp. ... Read More

It's never too late to change horses but you might find it difficult to get someone involved this late in the game becasue of all the history in your case and because your current lawyer may claim an entitlement to a portion of any fee that is ultimately payable, leaving less money to pay a new attorney.  If you're not getting answers that are satisfactory, I suggest that you start meeting with your attorney in person when you want to discuss the case.  Maybe a monthly date to keep things moving along?  Ask him/her for a 30-60 day plan of action. ... Read More

You are free to choose your own doctor unless the employer accepts your claim and has posted a list of six or more physicians or health care providers in your workplace, then you are required to visit one of them for initial treatment. You are to continue treatment with that provider or another on the list for a period of 90 days following the first visit. You may see any provider on the list; your employer may not require or direct you to any specific provider on the list.  If during the 90-day period you visit a provider(s) not on the list, your employer or your employer’s insurance carrier may refuse to pay for such treatment. After the 90 days, as well as in situations where your employer has no posted list or an improper list, you may seek treatment with any physician or other health care provider you select. You must notify your employer of the provider you have selected. During treatment, the employer or the employer’s insurance carrier is entitled to receive monthly reports from your physician or provider. In my experience the panel physicians do exactly what happened to you -- send you right back to work.  If you have insurance that will cover the medical bills, my advice to you is treat with a physician that you trust. ... Read More

I'm really sorry to hear about your condition. I think I'd need more information in order to answer your question specifically.  You have 120 days w/in which to report a work injury to your employer.  You have three years to file a claim petition.  You may be out of time.  From what you wrote, I take it that your employer turned your claim into its workers comp carrier.  What action did the insurance company take in response to your claim?  Was your claim accepted or denied?  The procedural posture of your claim is important.  Have you been working for the same employer since 2007?  Perhaps your injury could be a repetitive trauma type injury.  I'd be happy to speak with you in greater detail. Feel free to give me a call.  You should contact an attorney right away to discuss the details.  ... Read More

If the owner refused to report the incident to its workers compensation insurance company, I can suggest one of two things to you:  1) you can go to the PA Insurance Department and see if the employer has workers comp insurance and, if so, call the insurance company and report the incident yourself; or 2) you can file a claim petition with the bureau of workers compensation seeking applicable benefits under the workers compensation act.  Your daugther must "report" the accident to her employer within 120 days of the accident.  So it would be a good idea to send a certified letter to the employer reporting that she was injured in the course and scope of her work duties on a particular date and asking the employer to report the incident to its insurance company.  That way, the employer won't be able to deny that she gave timely notice. ... Read More

Generally, the date of disability in PA is the date that you suffered a loss in earning power. If you suffered a loss of earnings immediately and your loss of earnings exceeded 7 days then you may be entitled to wage loss benefits dating back to the date of your injury. You should ask the carrier to explain the discrepancy as it may simply be an error on their part. Perhaps their are additional relevant facts. If the carrier does not agree to pay benefits dating back to 12/19/14, you  should retain a workers compensation specialist. Many , if not most, initial consultations will be free of charge.  ... Read More

It's extremely common for employers and insurance companies to find ways out of paying their employees the workers' compensation compensation benefits to which their employees are entitled. You did not give enough information regarding your case for me to give you any advice specific to your situation but, if you've been hurt at work, I strongly recommend you contact a workers' compensation attorney immediately. Workers' compensation is a complex area of law and you should not try to navigate the system on your own. My office does not charge for consulations and I suspect most other workers' compnesation attorneys do not either; you have nothing to lose by contacting an attorney. We also do not charge hourly, but work off a percentage of your benefits should we successfully obtain them, so price should not be holding you back.... Read More

The quick answer is, it depends.  Usually commuting injuries are not covered, but there are exceptions.  If you drive to the same fixed work site everyday, you are probably excluded.   However, if you are a traveling employee going to different job sites, on a special mission for your employer (ie being called in to deal with an emergency) or using a company vehicle, it is worth exploring this further as you may be able to make a claim.  These cases are very fact-specific, and the caselaw is continually evolving.  Just this week the Commonwealth Court issued published opinions on corse and scope cases.  ... Read More

No attorney can give you an honest appraisal of your claim's settlement value without making a much more in-depth assessment of the facts. I don't know if it's what you want to hear or not, but the insurance company isn't going to offer you fair settlement value unless you're represented by an attorney. Moreover, the insurance company isn't going to adequately ensure your rights are protected while settling your claim. I can tell you that workers' compensation claims are valued very differently than personal injury claims. Pain and suffering, for example, really don't enter into it. Retirement If you already have an attorney, you should ask that he or she sit down with you and go over your claim's strengths, weaknesses, an the pros and cons of settlement. If you don't have an attorney, I highly recommend you get one. In Pennsylvania, workers' compensation attorneys typically work on a contingency basis, which means they get paid based on a portion of what they get you. If you don't have or know an attorney, I'd be happy to speak with you over the phone regarding your case and perphaps give you a more detailed answer. If you're interested, please call me at (814) 452-6232 and tell my assistant you spoke with me online.... Read More

Based on what you've described, you're in a very delicate situation right now. If you are on doctor's restrictions for an accepted work injury, and your employer is unwilling to offer you work, the insurance company should be paying you wage-loss benefits. If the reason your employer isn't offering you work is because of a termination, whether or not you are entitled to wage-loss benefits depends on the circumstances surrounding your termination. If you are terminated "for cause," there are situations in which you are entitled to benefits, and situations where you are not. Being terminated because you medically cannot do your job should not be a "for cause" termination, but proving that might take a legal battle. Your employer and the insurance company are probably going to use this termination as an excuse to stop your benefits. If you do not presently have a workers' compensation attorney, you NEED to get one. The stakes are too high and the system is too complex to handle it on your own. If you don't already have an attorney, I'd be happy to speak with you regarding your work injury and resulting termination and give you more specific information at no charge. If you'd like to speak with me, call my office on Monday morning at (814) 452-6232 and ask for me. Regardless if you call me or not, you really need to hire an attorney.... Read More

You need to request a sit-down meeting with your attorney before jumping to any conclusions. He may be lying, but he also may have obtained your records from sources other than the doctors directly (or perhaps your doctors were mistaken). If your case is in litigation, he could have obtained them from opposing counsel to save money. Regardless, trust is the most important thing between a lawyer and his client. You need to trust your lawyer if you are going to take his advice on something as substantial as how to proceed in a workers' compensation claim. Call your lawyer and arrange a face-to-face meeting to go over your concerns.... Read More

When it comes to serious work injuries, like the one you've described, I always tell people to get a lawyer immediately. My firm, along with many others that practice in Pennsylvania workers' compensation, work on what's known as a "contingency" basis. That is, we don't charge up front and don't charge if we don't need to defend your benefits/negotiate and approve a settlement. In the event we do need to defend your benefits, we only get paid if we win. I can't speak for every law firm out there, but it doesn't cost any more to hire us the day after a work injury occurs than it does to hire us a day before you're hauled before a judge to defend your benefits. We only get paid if we need to go into court for some reason (e.g. to protect your husband's benefits, if we need to go into court to approve a lump-sum settlement, etc.). If your husband heals as expected, the workers' compensation insurer properly pays his benefits, and your husband goes back to work without hitch, you never pay us a dime. You do, however, get the benefit of having legal advice throughout the entire process to make sure you're not being taken advantage of. Workers' compensation is an extremely complex field, and unrepresented workers' frequently run into a number of pitfalls that could have been avoided with an attorney. Given the apparent severity of your husband's injury and the long-term effects it could have on the rest of his career, I think it would be more than appropriate to contact an attorney immediately. In fact, I highly recommend it. If you don't already have a go-to attorney, you're more than welcome to contact my firm. Regardless, you should absolutely contact a workers' compensation attorney as soon as possible.    ... Read More

yes, you can.  However, you should do so as soon as possible so it does not create any problems with your case.  Due to statutes of limitations and deadlines the longer things go the more difficult or logistically unpractical it becomes. Scott Cooper 717-888-8888 scooper@schmidtkramer.com... Read More

Loss of one half of your first (index) finger is 25 weeks plus a six week healing period paid at your comp rate which is 66 2/3 of your average weekly wage.  If the loss of the finger was an injury separate and apart from another disabling injury then you are entitled to receive specific loss benefits without deduction for what disability benefits have already been paid.... Read More

You need to file a claim petition to start the process of having a workers' compensation judge decide your case.  Just because your employer says that your injuries are not related to your work activities is not the end of the discussion.  Once a claim petition is filed then a hearing will be scheduled before a judge where you get to testify and offer medical evidence in support of your case. If the judge decides that your injuries are related to your work activities and that you are disabled from performing your job then you are entitled to workers' compensation benefits which include payment of your wages and medical expenses.... Read More