Michael W. Cardamone's Answers

WC case and we settled on the compensation portion but left the medical open. How long is my attorney obligated to represent?

Your attorney is not unilaterally obligated to represent you for any period of time- it's a mutual understanding between you and him. However, it appears like there was a miscommunication- at least on his part- at the time of the indemnity only settlement. When the attorney/client relationship is broken, what normally happens is a letter from the attorney to the client or vice versa, is written which clearly communicates that the relationship is severed. I usually continue to represent my...

1 person marked this answer as helpful

Do I have a wrongful termination case if I was fired for an injury?

You may. It's generally fairly difficult to establish that an Employer fired someone simply because they were injured on the job. Most Employers are not foolish enough to admit that. So, they often claim that "poor work performance" or "insubordination" is why the person got fired. If you are an employee at will, then the Employer can fire you for many reasons, with some exceptions such as race, religion, sex, age, etc. (or if the firing violates public policy or breaches a contract). These...

Can I get workers comp and unemployment comp from the same employer

Hello. Sorry to hear about the termination. Unfortunately, I have heard a lot of similar stories from clients these days. Yes, you can get compensated if you meet the legal requirements for each benefit. In PA Work Comp, you need to establish that you sustained an injury in the course and scope of your employment and a disability as a result. For Unemployment Comp, you need to establish that you are able and available to work, but not working due to a necessitous and compelling reason. There is...

I work for a railroad and developed severe carpal tunnel.the r/r tells me i dont need an attorney others say yes ???

If you were injured while working for a railroad, you are subject to Federal Work Comp Law. It is always advisable to speak with an experienced lawyer about work injuries as the systems can be complex.