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I was injured at work in October of 2012. Initially I was diagnosed with a shoulder sprain but an MRI was ordered 2 weeks later

Scranton, PA |

The MRI showed a labrum tear, mild acromioclavicular joint degeneration, and mild tendinitis. I was then referred to the company's orthopedic surgeon. He prescribed PT for aprox. 8 weeks. I was not getting any better so he decided I needed surgery to repair my shoulder and referred me to the shoulder specialist in his group. Well at this point it has been six months, three orthopedic surgeons, several urgent care doctors, excessive physical therapy with two different therapists, and a pain management physician and I am in more pain. My hours were restricted but my company called the doctors and had the restrictions reversed. What do I do? I am in to much pain to continue going to work. I am missing time due to pain and not being paid for it. I

Attorney Answers 6


  1. Since you were injured at work you should contact a Workmans compensation attorney who can assist you. There are normal processes that take time in recovering. If you need a referral I may be able to help.

    Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.


  2. I have added a tag to your question, since you have a worker's compensation claim, and they can give you the best advice. From a malpractice standpoint, if surgery is ultimately needed and resolves the problem, you may not have enough damages to offset the huge amount of expenses that go into these cases. Please get yourself a worker's comp attorney and deal with that first. Your comp attorney can refer you to a malpractice attorney, if necessary.


  3. Retain an attorney experienced in Workers' Compensation claims. Your attorney will file a Claim Petition. This "form is a request for a hearing before a Workers' Compensation Judge. This form is generally used to initiate a workers' compensation claim for a workplace injury or illness in cases where the employer has not voluntarily paid lost wages, medical bills, or other potentially eligible workers' compensation benefits." In your case, if you are not able to perform your job duties, you have the right to seek benefits for wage loss and for medical benefits (e.g., costs for surgery and rehab).

    A link is posted below from the State website that will provide more information.

    Legal disclaimer: The statement above is general information and not intended to be a legal opinion to be followed. The person requesting information and all others reading the answer should retain an attorney before making a decision. The information provided does not create an attorney-client relationship. Contact our office to obtain specific legal advice at (215) 702-2708 for Pennsylvania or New Jersey matters.


  4. Are you telling your doctors and therapists when you see them that you are experiencing difficulty working? Are you explaining to them why you are having difficulty, specifically the pain that you are experiencing, where and how it is affecting your abilities to perform your job duties? That is important.

    Having said that, you should consult a local workers compensation attorney who can assist you and advise you on what you should be doing to protect your rights and maximize your claim. With workers compensation, the primary goal is to get you back to work as quickly as possible. The employer and its insurance company are not there for you. You need someone on your side who wants you to get the treatment you need and the compensation you deserve.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.


  5. If you do not have an experienced PA Work Comp Attorney, you should consult with one as soon as possible. You are now over 90 days from your work-related injury and have the right to see any doctor you want. You want to avoid the panel doctors that the Employer likely sent you to- they are biased and not usually the highest caliber doctors around. If the insurer did not accept your injury via Notice of Compensation Payable, then you need to file a Claim Petition which will put your case before a Work Comp Judge so that you can present evidence (ie, your testimony and a deposition of your treating doctor) and get judicial recognition of your injury. The statute of limitations for a work injury in Pennsylvania is 3 years but the sooner you file a Claim Petition (again, assuming it's not a recognized injury) the stronger the case will be. Litigation can take up to a year so the sooner you file, the better for obvious financial reasons. I get the sense that you have a nurse case manager involved- they are working for the insurer and like to influence doctors to get you back to work even if you aren't ready. They are just doing their job and they are usually good people- but they aren't on your side so don't let them fool you. Legal fees in Pennsylvania Workers' Compensation are contingent- this means that the attorney won't get paid unless the Judge orders a 20% fee after a petition is litigated or a settlement is reached. It sounds like you are being bullied and it's time to lawyer up.

    Representing injured workers and the disabled across Pennsylvania, Michael W. Cardamone, Esquire is here to help. (215-206-9068) It is important to recognize that no attorney-client relationship is formed unless and until you sign a Fee Agreement with my law firm. Every case is unique and requires an individual analysis based on all facts, not just the facts disclosed here. The answers provided are general tips and should not be interpreted as legal advice for your situation. It is strongly suggested that you speak to and retain an attorney for legal advice. I am licensed to practice law in Pennsylvania.


  6. My colleagues are correct, this is a workers' compensation question. You need to immediately contact a workers' compensation attorney to help you with your case. When you are injured at work you have numerous rights to protect you, and an attorney will help you through this.

    I am sorry to hear you are in so much pain.

    For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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