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Richard Alan Jaffe
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Richard Jaffe’s Answers

259 total


  • I am on WC , had an operation on back, epedermals(4), pt, nothing is working.another operation? To stay on it?

    Will I have to get another operation? Is this " Reasonable medical services" ? I have been off since march 25 2016. The operation didn't work.

    Richard’s Answer

    I am sorry to hear that you are having such difficulty with your lower back and at the surgery that was performed as a result of your work-related injury has not relieve your pain. The decision on whether, or not, to have a subsequent surgery; i.e. a lumbar fusion would best be answered by your orthopedic surgeon or neurosurgeon. Please note that you are always welcome to secure a "2nd opinion" from another surgeon before taking any further action.

    In the meantime, it is my recommendation that you contact a Certified Specialist in Pennsylvania workers Compensation Law to discuss your rights and remedies with respect to your Worker's Compensation Claim. Please note the initial consultation will more than likely be free and most Attorneys will accept your Case on a Contingent Fee Basis.

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  • I have a question i slip and fall at my job and hurt my lower back

    i was out for 1 month the employer doctor send me back to do less duty i went to do the less duty that is 10to 12 rooms i did 3 and my back started hurting me, so i was told to go see their doctor after i saw their doctor he discharge me from his...

    Richard’s Answer

    I am sorry to hear about all the problems that you are having with your back resulting from a work-related injury.

    Based upon your information, it is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to schedule an initial consultation to discuss your rights and remedies relative to said injury. Please note the initial consultation will be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.

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  • Can you tell me if this sounds legit? Does this sound like I'm being given good advice? I'm not being given the WC option here

    I have been on WC for almost 2 years after being laid off from a light duty position. I've had 2 major surgeries on my spine. I recently had my IRE. My surgeon asked me why I'm not applying for SSDI. I asked my attorney and he advised against i...

    Richard’s Answer

    Based on your question, it is my recommendation that you immediately contact your current Attorney and request an opportunity to sit down and discuss your Workers Compensation Claim and his current strategy for same.

    If you were my client, I more than likely would have recommended that you apply for Social Security Disability Benefits six months ago (if not longer) as you are entitled to receive one year of retroactive Disability Benefits from the application date and therefore, after the six-month waiting period has been accounted for, if you apply for SSD Benefits within 18 months of your date of onset, you have not lost any of your back due benefits.

    There is an interplay between Worker's Compensation and Social Security Disability Benefits such that you are only able to receive 80% of your pre-injury wages with Workers Compensation being primary. Consistent with your question, you would receive "supplemental" income from Social Security Disability until your Workers Compensation Benefits either cease and/or are settled at which point your Social Security Disability Benefits would increase.

    The other issue would be your entitlement to Medicare which commences after you have received 24 months of Disability Benefits. If you are a Medicare Beneficiary Settlement of a Workers Compensation Claim becomes more complicated, but not impossible.

    Again, it is my recommendation that you contact your current Attorney to discuss your questions directly, rather than posting them on here. If you are not satisfied with his responses, you are certainly free to choose alternative counsel.

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  • How much is my workers comp settlement for an entire replacement and the doctor told me i won't be able to do my job ever again

    How much is my workers comp settlement for an entire elbow replacement. And im in pa and my hourly wage was 13.00 an hour

    Richard’s Answer

    Again, I appreciate your questions regarding this issue, however, this being the third time you have asked a similar question, and still have not provided sufficient information for a proper response, I was once again recommend that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law for a consultation so that you can discuss your rights and remedies. This website is a good resource for finding such an Attorney and it is my recommendation that you have a face-to-face meeting which would be free of charge rather than continuing to ask questions in a piecemeal fashion.

    Pennsylvania is a wage loss state and I previously advised that you would be entitled to $468 per week if you are disabled as a result of a work-related injury based upon your previous question. In order to determine if you would be entitled to "Specific Loss" benefits, an experienced Attorney would need to review medical records in your case and determine if your treating physician could provide the appropriate medical testimony to support such a Claim.

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  • How much am i to get in my workers compasation in pa for my elbow in which my doctor told me im not going to ever again and my h

    How much is my elbow worth in pa i was told i will never be able to do my line of work again and my hourly wage. Was $13.00 hour

    Richard’s Answer

    Thank you, once again, for your question, however, there still is not sufficient information to provide you with a specific answer.

    As before, assuming you are working a 40 hour week at $13 per hour you would be eligible to receive Workers Compensation Benefits at the rate of $468 per week if your injury were found compensable, and you are rendered Temporarily Totally Disabled as a result thereof. Even though your doctor advised you that you will never be able to return to work in your pre-injury capacity, such a statement does not give rise to a Claim for "Specific Loss" Benefits as he must lose the use of your arm for all practical intents and purposes.

    Once again, it is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania Worker's Compensation Law secure an initial consultation to discuss your rights and remedies.

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  • How much worker compensation am i do to my elbow injury in pa

    How much is my elbow worth in workers compasation in pa

    Richard’s Answer

    Pennsylvania is a "wage loss" state and as a result, most Workers Compensation Claims are based upon loss of earnings. If disabled as a result of an injury to your elbow, and you miss more than one week from work, you would be eligible for wage loss benefits. Typically, an injured worker receives two thirds of their pre-injury Average Weekly Wage, but as usual, there are exceptions to every rule.

    If you are not suffering any wage loss as result of your elbow injury, you may still be entitled to medical benefits, or in the instance of a very severe elbow injury that would result in your "loss of use of your arm for all practical intents and purposes, you may be eligible for "specific loss benefits as noted by one other responder.

    It is my recommendation that you contact an Attorney who is a Certified Specialist in Workers Compensation to request an initial consultation in order to discuss your rights and remedies. The initial consultation will be free of charge and most Attorneys except Workers Compensation Claims on a Contingent Fee Basis.

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  • How much should I settle for?

    I am on workmens comp. I was recently released by their Dr. Although I am still receiving compensation the WC people called me and asked me to give them a number ($$$) so they can close my case. I thought once the Dr. released you it was over. Th...

    Richard’s Answer

    There are many factors that go into presenting the Workers Compensation Carrier with a Demand Figure, and not only would I not provide said information on the Internet, as there is insufficient information provided in your question, it is impossible to answer in this forum.

    It is my recommendation that you immediately contact an experienced Worker's Compensation practitioner who is also a Certified Specialist in Pennsylvania Workers Compensation Law for an initial consultation to discuss your case in greater detail at which time a settlement proposal could be formulated. The initial consultative visit is almost always free of charge and most Attorneys will accept your case on a Contingent Fee Basis.

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  • Can I quit my current job while being on lite duty on workers comp?

    I'm on workers comp in Pa, my company moved me to a plant 30 mins away from my home (I'm usually at the one 10 mins away from home) because I'm still on lite duty. I don't like the drive at all and they changed my hours. My question is can i quit ...

    Richard’s Answer

    Given the paucity of information that you have provided in your question, it is difficult to properly answer, however, it would be my recommendation that you speak with a Certified Specialist in Pennsylvania Workers Compensation Law before making any decisions regarding your current employment.

    If you were to "quit" your position any wage loss that you would be suffering would not be as a result of your work-related injury, but rather your decision to discontinue your employment. If you are "laid off" while on light duty, you would be eligible for Reinstatement to Temporary Total Disability Benefits, assuming that you had received same prior to being placed on light duty.

    By quitting, you would essentially "freeze" your earning capacity and relieve your pre-injury employer of its obligation to either provide modified employment or reinstate your entitlement to Temporary Total Disability Benefits.

    Although you may be able to locate alternative employment, many employers are hesitant to hire someone who is currently on "light duty" and collecting Partial Disability Benefits.

    As noted above, it is my recommendation that you immediately contact an experienced Worker's Compensation Attorney to discuss your rights and remedies before taking any action with respect to your current employment. Please keep in mind that the Initial Consultation would be free of charge and most Attorneys would accept your case on a Contingent Fee Basis.

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  • What documents do i need to apply for ssd, how can i file for an emergency case?

    I have been in and out of hospitals since i was 13, as recently as last summer. I am now 26, I have lost multiple jobs inculding my most recent and the best job ive ever had. Im not gonna get to personal but there's. Alot of things that i have goi...

    Richard’s Answer

    In general in order to secure a "expedited" and/or "critical" Hearing and a Claim for Social Security Disability Benefits, the disabled individual must have a "terminal illness" or qualify for a "dire need" case which includes the inability to obtain food, lacks medicine or medical care, or lacks shelter.

    It is my recommendation that you contact an experienced Social Security Claimant Representative to schedule an initial consultation and assist you with your Claim.

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  • Workers comp payment information

    I got injured at work on July 8th 2015, for 90 days I got paid $280 each week after that I only get paid $197 , when I would work I would earn each week $450- $500 , am I being payed what I'm supposed to get ? My injured was falling and hitting my...

    Richard’s Answer

    It is difficult, if not impossible, to answer your question with the information provided. The Worker's Compensation Carriers often miscalculate the Average Weekly Wage for an injured worker, and also, failed to utilize appropriate Bureau Documentation such as a Supplemental Agreement when paying Partial Disability Benefits to an injured worker.

    If you are not currently represented by an Attorney, it is recommended that you promptly contact a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies.

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