Timothy James Kennedy’s Answers

Timothy James Kennedy

Havertown Workers' Compensation Lawyer.

Contributor Level 11
  1. Can i get money for getting rear ended and suffering a concussion?

    Answered about 2 months ago.

    1. Leo M. Flynn
    2. Timothy James Kennedy
    3. Jason F. Abraham
    4. Harold Semanoff
    5. Thomas James Pivnicny
    6. ···
    7 lawyer answers

    The first question is going to be whether you are insured under a policy providing "full tort" benefits or only "limited tort" benefits. If you have full tort rights, the only questions will be extent of your injuries and pain and suffering and whether the other party can be shown to be liable (usually rather clear in a rear-end hit). Your case will have value, so long as the other party was responsible for the accident. If you accepted an insurance policy with only "limited tort" rights --...

    8 lawyers agreed with this answer

  2. Should I sue. Slip and fall incident.

    Answered 4 months ago.

    1. Matthew Louis Solomon
    2. Theodore Charles Levy
    3. Timothy James Kennedy
    4. Michael F. Hupy
    5. David B Sherman
    6. ···
    8 lawyer answers

    Slip and fall injuries are always initially met with a claim of "no liability" from the defendant and their insurance company, since there is always a number of available defenses. It helps greatly if you report the accident while still on the premises and while the condition that caused the fall is still there for all to see. You do not say whether you filled out any kind of incident report when this happened. Even if you didn't, if your ER visit was the same day, and if they recorded a...

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  3. Can I ask workers compensation for a lump sum in stead of biweekly?

    Answered 8 months ago.

    1. Timothy James Kennedy
    2. Francis Joseph Lafferty IV
    3. Ronald Lee Calhoon
    4. Glenn Neiman
    5. James V. Monaghan
    6. ···
    6 lawyer answers

    It is not recommended that you simply "ask workers compensation" unless your case is truly ripe for settlement. Any demand for a lump sum settlement will trigger the insurance carrier to look at ALL of the ways to cheaply end your right to benefits, and agreeing to a settlement will not be their first choice if they can stop your benefits by requiring an insurance medical examination (IME) and filing litigation, or if they can simply stop your benefits by filing a "Notice Stopping Temporary...

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  4. Can i get a second opinion from a podiatrist and stay with him for my workers comp claim?

    Answered 7 months ago.

    1. Robert L. Cullen
    2. Richard Alan Jaffe
    3. Ronald Lee Calhoon
    4. Timothy Patrick Brennan
    5. Timothy James Kennedy
    6. ···
    9 lawyer answers

    As you can see from the other responses, the answer is "yes" -- so long as there is an accepted claim (via a Notice of Compensation Payable or "Medical Only" Notice of Compensation Payable that includes a description of the injury the podiatrist would be asked to treat. Note, however, that many doctors are hesitant to get involved in a workers' compensation matter where you are not supported by an attorney, since they may be denied "pre-approval" to bill for related treatment even where the...

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  5. Update: I have attorney but your answer help so much last time I ask question. When does my wife reach MMI?

    Answered 8 months ago.

    1. Robert Alan Huber
    2. Timothy James Kennedy
    3. James V. Monaghan
    3 lawyer answers

    MMI (maximum medical improvement) can be a term of art employed by the insurance carrier or their referred doctors to justify attempts at blocking further medical treatment that might be necessary to support your wife's ongoing disability (and her right to ongoing compensation checks). An IME (insurance medical examination) doctor or an insurer-referred doctor might claim that your wife is at MMI and therefore needs no further treatment in a case with injuries like this where it is difficult...

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  6. I am on workers comp and was terminated from my job. They stated work was slow. This was only 20 days after the accident.

    Answered 6 months ago.

    1. Karl P. Voigt IV
    2. Richard Alan Jaffe
    3. Robert Alan Huber
    4. Timothy James Kennedy
    5. Timothy D. Belt
    6. ···
    8 lawyer answers

    I agree with Mr. Jaffe and would add that the timing of the layoff is highly suspicious for the employer having let you go on a pretext, attempting to avoid liability for your work injury and/or to complicate your claim for benefits. If handled properly by an aggressive workers' compensation attorney, this kind of heavy-handed tactic by an employer can be turned against the employer and may actually work to your advantage as you work with an aggressive comp attorney to secure your rights under...

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  7. Can I get fired while out on workers compensation?

    Answered about 2 months ago.

    1. Francis Joseph Lafferty IV
    2. Levi Samuel Wolf
    3. Timothy James Kennedy
    4. Glenn Neiman
    5. Leo P. Jackson Jr.
    6. ···
    9 lawyer answers

    Be very concerned about proceeding here without an experienced and savvy lawyer to guide you, ideally one certified as a workers compensation specialist in PA. Your employer is trying to pressure you to do something directly contrary to your workers' compensation interests. If you recognize you could not actually perform in light duty, the LAST thing you want to do is have your treating doctor serve up a list of physical capacities that says otherwise. Your employer would use this to hurt...

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  8. Workers compensation. injured approximately two weeks ago. Nurse Case manager assigned today. Can I say no? In PA.

    Answered 5 months ago.

    1. Robert L. Cullen
    2. Ronald Lee Calhoon
    3. Timothy James Kennedy
    4. Glenn Neiman
    5. Robert Alan Huber
    6. ···
    10 lawyer answers

    The Nurse Case Manager will be a wolf in sheep's clothing, and may work very hard to convince you she is on your side ready to take on the foolish schemes of the evil adjuster (to whom she will then send a report detailing everything she's learned from you or your doctors and how the insurer might use the information to limit the scope and cost of your claim). More important in your question is WHY have they assigned a nurse case manager. Usually they only do it this early when they feel a...

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  9. Illegal immigrant hurt at work in file for workers compensation or disability in Pennsylvania?

    Answered 28 days ago.

    1. Jenifer Dana Kaufman
    2. Timothy D. Belt
    3. Timothy James Kennedy
    4. Giacomo Jacques Behar
    4 lawyer answers

    I would agree with Mr. Belt but would further add that her job may be continuing to contribute to making her problem worse, so that arguably it is a cumulative trauma and every day she works it adds to her injury, making it entirely proper that she both explain the past history and the recent progression that had made it so extreme. Unless she had reported it as work related in the past, it may be necessary that she relate her problem to recent work activity, or her claim might, in fact, be...

    4 lawyers agreed with this answer

  10. Can a workers comp insurance company keep changing my pay period in order to pay me later?

    Answered 6 months ago.

    1. Glenn Neiman
    2. Karl P. Voigt IV
    3. Geoffrey Hillsberg
    4. Richard Alan Jaffe
    5. Robert Alan Huber
    6. ···
    9 lawyer answers

    Your own attorney, if you have one, should advise you on this. That said, what you describe is common, with the games insurance carriers play with people's benefits, without regard to how it disrupts a claimant's already strained ability to pay bills while limited to a workers' compensation check. The only potential remedy, however, is a Penalty Petition, and this is a very imperfect solution. Judges do not want to be involved in micro-managing minor infractions by insurers, and this is what...

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