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Richard Alan Jaffe
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Richard Jaffe’s Answers

249 total


  • Do I need a worker's compensation lawyer?

    Was injured 11/12 at work and experienced neck pain, along with burning sensation in right biceps. worker's compensation paid for 2 right shoulder surgeries, but I still encountered symptoms of weakness and pain during rehabilitation, and recently...

    Richard’s Answer

    Given the fact pattern above, it is my recommendation that you immediately contact a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies.

    Please note the initial consultation will, in all likelihood, be free and most Experienced Worker's Compensation Attorneys will accept your Case on a Contingent Fee Basis such that you will not have to pay any Attorney Fees unless said Attorney wins your case.

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  • Ii was hurt on a former job sometime ago 12 years ago I am having problems with that old injury.

    I have documentation of when that injury occurred from former employer. Is there any recourse that I have.To follow up and have help for this pain.

    Richard’s Answer

    It is unlikely that you would have any recourse, at this time, as there is a three-year Statute of Limitations with which to bring a Workers Compensation Claim in the State of Pennsylvania.

    If, however, your Claim was accepted 12 years ago and your Benefits Suspended you may have the ability to file a Petition for Reinstatement if applicable.

    It would be my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania Worker's Compensation Law to discuss the specific details of your case to determine whether, or not, you have any rights or remedies with respect to your 12-year-old work-related injury. The initial consultation would be free of charge and most Attorneys will accept your Case on a Contingent Fee Basis.

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  • Should I seek lawyer advice?

    Got hurt I work . Compensation doctor said it was nerve damage on my right foot and it may take a year or more or never to heal, being on lite duty for 2 month. My regular job requires that I do a lot of walking and standing, which I can't do righ...

    Richard’s Answer

    Given the information which you have provided, it would certainly be my recommendation that you schedule and initial consultation with an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies at this time.

    Please note there would be no charge for the initial consultation, and most Attorneys would accept your case on a Contingent Fee Basis.

    There are many issues that arise subsequent to sustaining a work-related injury including, but not limited to, whether, or not, your Employer is properly accommodating restrictions placed upon you, and further, whether, or not, you should even be treating with the "Compensation Doctor."

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  • If my doctor releases me to sedentary work and my job doesn't offer a position, what happens?

    I work a forklift and got hurt, had surgery. Getting workers comp checks. Will the insurance company make me look for a desk job elsewhere?

    Richard’s Answer

    If you are currently receiving Worker's Compensation Benefits as a result of the injury that you sustained at work and after undergoing surgery for said condition you have been released to sedentary employment you will continue to receive Workers Compensation Benefits until your status shall change within the meaning of the Pennsylvania Worker's Compensation Act, as amended.

    Once your employer and/or its Worker's Compensation Carrier receives medical information indicating that you have been released to return to work in a sedentary capacity, they are required to provide you a Notice of Ability to Return to Work with said restrictions attached thereto. If they failed to do so, you are not obligated to look for work, nor can your Employer prevail on any subsequent Petition for Modification or Petition for Suspension based upon the released to return to work.

    If you do receive the aforementioned Notice your employer may offer you employment within said restrictions at which time you will be required to act in "good faith" and follow through with the job opportunity if vocational he qualified and commensurate with the restrictions placed upon you by your physician.

    Alternatively, they may retain the services of a Vocational Consultant to schedule a Vocational Interview for the purposes of preparing what is called a Labor Market Survey which involves identifying jobs that are actually available that you would be able to perform although not actually offering said employment to you.

    Given your current situation, if you are not currently represented by an Attorney, it is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law for an initial consultation to discuss your rights and remedies. The initial consultative visit will be free of charge and most Attorneys will accept your Case on a Contingent Fee Basis.

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  • The judge approved my compromise and release settlement when will I get my settlement check

    On the sixth of November 2014 I was approved

    Richard’s Answer

    Assuming you are represented by an Attorney, it is my recommendation that you pose this question to him or her, rather than relying upon answers from this website.

    With that stated, there are many factors that go into the response to your question. 1st and foremost, is whether, or not, both Parties waive their right to the 20 day appeal period, and agreed to be bound by a Bench Order signed by the Workers Compensation Judge at the conclusion of your Hearing. If so, it is my opinion that the lump sum payment must be paid within 21 days in accordance with Section 406.1 of the Act.

    If the Parties did not waive their rights to the 20 day appeal period, or did not agree to be bound by a Bench Order, the time limit would not commence until the Judge issues the formal Order at which time the Workers Compensation Carrier would wait 20 days for the Appeal Period to run before issuing payments.

    Assuming that both parties did waive their right to the appeal period, typically payments are received within approximately 10 to 14 days with the exception of a couple of Workers Compensation Carriers who never pay in a timely manner.

    Once again, I urge you to contact your Attorney as he or she may be in a much better position to respond to your inquiry.

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  • How much is my permanently disabled settlement worth, my attorney laughed when I asked for $500,000. ?

    My Pa attorney laughed at me after he said the insurer of my workmans comp claim wanted to know how much I would settle for. Not know for nothing I said I'm disabled have been for over 11 years, it ain't getting any better! Go for 500,000 I gues...

    Richard’s Answer

    • Selected as best answer

    I am sorry to hear that you are not trustful of your current Attorney and that you are obviously not being "I would I."

    Please note that there are many factors that go into the Settlement value of a Workers Compensation Claim and it may have been inappropriate for your current Attorney to simply ask you how much you would settle for without giving you some guidance as to the parameters of a reasonable settlement.

    Some of the factors to consider when determining the value of a Workers Compensation Claim include, but are not limited to, whether your case is in Litigation and if so, the identity of the Workers Compensation Judge; your Average Weekly Wage and Weekly Disability Rate; your age; the severity of your injuries; whether, or not, the Workers comp compensation Carrier is in possession of a medical opinion of full recovery and/or an opinion that you are able to return to work within some restrictions; if your pre-injury employer has work available to you within said restrictions etc.

    Other factors that go into the Settlement are whether, or not, you are receiving Social Security Disability Benefits and are a Medicare Beneficiary, and whether, or not, you are willing to give up your right to future medical treatment or insist that the Workers Compensation Carrier remain liable for reasonable and necessary medical treatment.

    With all the above-stated, your Weekly Disability Rate is one of the major factors to consider as the amount that you receive on a weekly or annual basis will significantly impact the value of the case, as we typically look at an injured worker's case in terms of how many weeks or how many years of future Worker's Compensation Benefits you would be entitled to as part of the Settlement.

    It is my recommendation that you contact your current Attorney and attempt to work out your differences, however, is still not satisfied you are certainly able to retain alternative counsel to discuss settlement, if appropriate. If you choose to retain alternative counsel, please make sure that said Attorney is a Certified Specialist in Pennsylvania Workers Compensation Law.

    Please note the Initial Consultation would be free of charge and most Attorneys would accept your case on a Contingent Fee Basis. Please keep in mind that there may need to be a Fee sharing arrangement between your current attorney and a new attorney should you choose to switch counsel.

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  • I am currently on workers comp. I had t have surgery and am currently doing physical therapy. Will i be offered a settlement?

    Will I be offered a settlement because I i had to have surgery and go through physical therapy?

    Richard’s Answer

    A lot of factors going to whether, or not, it is appropriate for you to settle your Workers Compensation Claim. Given the brief amount of facts that you have provided, I would typically not recommend a settlement if you were my Client until after you have undergone the surgery for your work-related injury and had an opportunity to determine whether, or not, the surgery was successful.

    If you are not currently represented by an Attorney, 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 case as well as your rights and remedies. The Initial Consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.

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  • Am I going to get any type of settlement for my injury

    I broke my tailbone at work last year and was let go because they didn't have light duty for me. I called an injury lawyer and they took my case and it's been 6 month and now they got me medical attention again. I'm going for an MRI tomorrow then ...

    Richard’s Answer

    It is unclear from your question as to whether, or not, you are talking about a Settlement of a 3rd Party Cause of Action and/or a Workers Compensation Claim. If you have gone to a "injury lawyer" to file a 3rd party Law Suit you should address these issues with your Attorney.

    If the "injury lawyer" that you have retained has not filed a Claim for Workers Compensation, it is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law discuss the filing of a Claim Petition as well as any other Petitions that may be appropriate under the circumstances. In that regard, if you are not currently receiving Workers Compensation and your injuries were within the course and scope of your employment you should be collecting Workers Compensation.

    Please note the initial consultation will be free of charge and most Attorneys will accept your Worker's Compensation Claim on a Contingent Fee Basis.

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  • Am I going to get any type of settlement for my injury

    I broke my tailbone at work last year and was let go because they didn't have light duty for me. I called an injury lawyer and they took my case and it's been 6 month and now they got me medical attention again. I'm going for an MRI tomorrow then ...

    Richard’s Answer

    It is unclear from your question as to whether, or not, you are talking about a Settlement of a 3rd Party Cause of Action and/or a Workers Compensation Claim. If you have gone to a "injury lawyer" to file a 3rd party Law Suit you should address these issues with your Attorney.

    If the "injury lawyer" that you have retained has not filed a Claim for Workers Compensation, it is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law discuss the filing of a Claim Petition as well as any other Petitions that may be appropriate under the circumstances. In that regard, if you are not currently receiving Workers Compensation and your injuries were within the course and scope of your employment you should be collecting Workers Compensation.

    Please note the initial consultation will be free of charge and most Attorneys will accept your Worker's Compensation Claim on a Contingent Fee Basis.

    I agree with Larry that if you are still treating for your work-related injury it may be premature to discuss settlement of a Workers Compensation Claim.

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  • In worker's compensation cases is it possible for the defense to have people follow you around?

    I recently had a hearing for worker's compensation and after the hearing I think somebody was following me around. How likely is that to happen?

    Richard’s Answer

    Unfortunately when you are receiving Worker's Compensation or even when you have filed a Claim Petition seeking to have your Claim acknowledged by the Worker's Compensation Carrier it is a standard practice to hire surveillance companies to determine the level of activity of the Claimant and more importantly, to determine whether, or not, they are still working while claiming they are injured. In addition, due to the nature of Social Media, many Surveillance/investigators are now searching the Internet for any information about injured workers on such as Facebook, Instagram and/or twitter to determine whether, or not, the injured worker is performing activities that he or she claims they are unable to do.

    For this reason, I recommend to all of my Clients not to accept any Friend requests from strangers and more importantly, to either cancel all of their social media accounts or at the very least make them "private."

    9 times out of 10 the surveillance video footage that I received on my Clients is irrelevant or at the very least "defensible" so long as you are not outside doing anything you claim you cannot do or get caught working.

    Assuming you have an Attorney it is my recommendation that you discuss these issues with your Attorney so that he or she can provide you with further instruction. If, however, you are currently unrepresented, it is my recommendation that you immediately contact an Attorney who is a Certified Specialists in Pennsylvania Workers Compensation Law.

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