Workers Compensation Legal Questions

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

If you wanted to change law firms/attorneys, you can do so.  The transition would be subject to the fee agreement you signed with your current attorney.  Generally, they are paid by the hour for the time they have spent on your case, but you should read that regarding what you agreed to if you cancel the contract.  I think other attorneys will talk to you about your case.     Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read More

The duration of every case varies.  7 years is a long time, but if he is still getting medical treatment and/or has not returned to work, that could explain why the case is still open.  For a TBI case, you should have a private lawyer representing you.  Feel free to email me at RMonaco@clsmlaw.com.... Read More

There is no answer to your question.  There is no formula for settling workers' compensation cases.  Settlements are purely voluntary.  The workers' compensation insurance company will look at what it likely will have to spend in the future on workers' compensation benefits if they do not settle and try to settle for less than that.... 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

If you had a workers Compensation Injury, then you may have a medical award for this injury. Since your Injury was In February 2016, you only have two years to get this award. If you don’t know if you have an award contact the Virginia Workers Compensation Commission at 1-877-664-2566. If you have an award, then you should file a claim under that award for the medical care you require. If you do not have an award then you need to file a claim to get an award and for the medical care you require. You do need to attach a medical note from a doctor stating the medical care you require for this accident. The Commission will then send a notice to your employer’s Insurance carrier asking if they will provide the requested medical care. It would be wise to consult with an “experienced” workers compensation lawyer about your claim. I have been doing this for over 35 years.... Read More

Regardless of whether a property is vacant or occupied, a property owner needs liability insurance- and your story is a perfect illustration of why. Assuming the worker was injured on your property, unless you made a contract with his boss in the name of a corporation, you will be held personally liable for the worker's injury, unless you had a written agreement with your painter to obtain workers compensation insurance, or to defend and indemnify you in the event one of his workers was injured on your job.  If the worker or his boss were negligent, that may reduce the percentage of your liability, but it won't be reduced to zero. Get yourself property insurance, immediately. Winter is coming, and if someone is injured falling on an icy sidewalk on your property (and yes, you're responsible for snow and ice removal even though the property is vacant) - or even if someone breaks into your house and gets injured- you may be held responsible for injuries resulting from those scenarios, as well.   ... Read More

The Nurse case manager can go to the appoitnment but you do not have to let him/her in the doctor's office with you.  The NCM's job is to be a middleman between doctor/you/insurance co.    They can gather information but you have right to privacy in the docotr's office.   ... Read More

Your father should ask to review all final medical reports from his attorney. He also needs to look at the actual Whole Person Impairment ratings and the actual ratings that his attorney came up with. He should ask his attorney to tell him to break it down so he understands how his attorney is evaluating his case in terms of value. Your father has a right to speak to another Workers Comp Attorney/s for a free consultation and have them evaluate his case. Your father is not obligated to sign until he understands his settlement. Good luck!... Read More

I am sorry to hear of your injury.  In Indiana if you are injured on the job the employer (the ins carrier) has 3 obligations.  To pay for medical treatment (but they get to control who you see), pay 2/3 of your avergae wage if a doctor says you can not return to work and potentially a settlement after treatment is complete for any continued loss of function, if any.  Though their obligations are know it is common to have issues while on work comp, as you have seen.  The carrier is often more concerned about cost than your well being.  I would suggest speaking with a work comp attorney asap.  Also, if a third party is responsible for your injury you have a seperate claim as well. ... 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