Timothy James Kennedy's Answers

I need advise with a Workmans comp question in Pa.

Karl's reference to the twenty day appeal period bears further comment. If you did NOT waive the 20 day appeal period, or arguably if the defendant did not ALSO waive the appeal period, the Judge's decision would not become a final decision until the 20 day appeal period expires. I did not look up the Act's provisions, but my gut tells me they'd have an argument that they get thirty days from the appeal deadline, absent a mutual waiver at the time of the C and R. Further, this is not the...

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Is there recovery for worker who was injured using a circular saw (safety guard removed by owner, HO's daught) if wkr BAC .12?

The fact the employer was not insured will not prevent the claim for workers' compensation benefits, as such claims can now be addressed to the PA Uninsured Employer's Guaranty Fund (and the Fund will then pursue remedies against the unlawfully uninsured employer). The BAC will obviously be an issue. The lifetime disability of the limb, if established, would give rise to a "specific loss" claim and this may make the claim more valuable, though an experienced WC attorney will need to look at...

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My wc case worker and i have agreed to settle my case. before he gives me a case value. what is the approxm. value of my case?

Simple answer: far less without an attorney than with one. The insurance company's willingness to settle for a true full value will be tied to their assessment of whether they think they can pressure a lowball settlement, whether they think you can withstand that pressure when they start to play with your claim to put you at risk of losing your comp, etc. They will NOT offer a full value settlement to someone who is unrepresented. Instead, they will offer about 1/5 to 1/3 of a proper...

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Someone hit my car and left a note. I talked with the person once and didn't give me insurance info. Now, won't return my calls

Immediately file a claim with your own insurance company. You will be responsible for your deductible and they will pay for any damages over that amount. Your insurance company will then do the leg work to track down the other driver's insurance based on the phone number and such information on the defendant as the police may generate. Your insurance company will obtain reimbursement of both what they pay out and your deductible amount, then refund your deductible. If the defendant driver...

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PA Workers Comp- Shoulder/Back/Ulner nerve

Attempting to settle your claim without the benefit of an attorney is a bad idea. If your treating doctors feel you are at MMI, there are steps the insurance can and very likely will take to try to prejudice your rights and chop down the potential settlement value of your claim. It is very likely that at the first sign you are willing to consider settlement, the carrier will push you to another IME. With the history of surgery, it may be difficult for them to get even an IME doctor to claim...

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Workers comp for back injury.

The best and only way to protect your rights, including your interest in keeping your job, is to report the injury. If your employer notes you slowing down, unable to do the job physically, etc., and you are NOT protecting your rights under the WC Act, you WILL get burned. Even if you try to informally report the injury and agree to be the nice guy who plays along to get along, virtually all employers will look at you as a liability and start looking for ways to end your employment without...

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I was informed 2 weeks ago my workmans comp claim was sent to a judge for final review how long does this usually take?

The answer provided by my colleague, Mr. Monaghan, is right on target. However, your question leaves me wondering whether you are expecting that the Judge's "final review" will bring your claim to some sort of final conclusion. This is generally NOT the case -- or not in the sense of bringing your claim to any final end that is favorable to you. If your case involves a Claim Petition (seeking to establish your right to benefits), it would be very unusual that the litigation would span the...

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Car accident 0 fault, severe trauma, permanent injuries/disabilities. Insurance limits don't seem fair?

Your question mentions no diagnoses, does not state what surgeries or procedures you are a counting up, and essentially asks readers to speculate. This is emphatically NOT the way to assess the value of your claim or the better option between an unstated settlement proposal vs. unstated policy limits. Clearly you already have an attorney -- or if not you are in a world of problems "3 yrs later", since the statute would normally be two years. Your inquiry seems to be more about frustration...

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Can we sue?

You should immediately retain an attorney with experience in both workers compensation and personal injury in Pennsylvania. Workers Compensation will be the primary source for payment of medical bills, and if your husband looses time from work due to his injuries, weekly compensation benefits as well. Depending on how that workers compensation claim develops, he could also get a lump sum settlement from the employer's workers compensation insurance for the work injury. Normally, anything...

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Can you be layed off, after you get hurt at work? also does a case worker have the right to go to your doctor visits with you?

Insist that your employer report your work injury to the company's workers compensation insurance carrier (as it may have already, to get a claim number for the hospital billing). If you get a doctor's note indicating you are restricted from your regular, full duty job, you would qualify for workers' compensation benefits unless and until the employer has available light duty. As my colleague mentioned, you may have a civil right of action if the employer terminated your employment due to the...

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