Work Injury and received WC benefits for over two years. Suddenly being asked to attend IME. I had an IRE approx 1 year ago. Can they suddenly offer me light duty even if I'm considered disabled?
The short answer is yes. Workers' compensation and Social Security Disability have little to do with each other. Each forum has its own standards and rules. The Social Security determination is not binding in workers' compensation court. You should really be speaking with a workers' compensation attorney. If you do not have one, you should contact one right away - particularly an attorney who is certified as a specialist in workers compensation law.See question
the claim was accepted by WC.
Yes. You should contact a workers'compensation attorney, right away for the details.See question
At this time I am collecting workmans comp and I am told my job is secure all though I am not sure if when I am healed if I will be able to do my job
You should absolutely speak with a lawyer, right away. If the insurance company attempts to classify your injury as a "Specific Loss," you could be taken off of benefits long before you are ready. There are many other factors to consider with a partial amputation that only an attorney is likely to be able to address with you.See question
I have wc mediation tomorrow just wondering what types of things the mediator will ask me , yes I have a lawyer and I could ask him, its not really that important to me to ask today when I will see him tomorrow its just a question thanks
Let me start off by saying you should defer to your attorney on any issue pertaining to your mediation. That being said, the benefit of a mediation is to allow both parties to have some control over the outcome of the case, instead of leaving their fates in the hands of a Workers’ Compensation Judge. Mediations can be effective, even if only to assist the parties in understanding one another in finding common ground for devising an agreement. Unlike a trial or a hearing, the process is very informal.
Certain practical considerations should be taken into account, such as knowing the judge who will be conducting the mediation. Obviously, your attorney will take care of this. Each judge has his or her own unique style, none of which is perfect. However, each is ultimately geared towards a particular result. Some judges like to quickly get to a final resolution in the quickest way possible and often seem tough or uncaring on both sides in negotiations. Others take the “path of least resistance” approach to mediation. Essentially, this style allows the parties interact for as long as they want with almost no intervention. As strange as it sounds, this can sometimes be effective, as the parties ultimately know what is important to them and often only need a forum to communicate it.
While the number of mediation styles is probably as large as the pool of mediators, the third basic manner of conducting a mediation is for the judge to consider every aspect of the case, including the prospect of success on the merits of any pending petitions, the description of injury, the nature of the employment, and the average weekly wage. Interestingly, this is probably the least common method. While one might think all mediators take each of these factors into consideration, that is not the case. Some judges simply care about the numbers. This method can be most effective if the fact pattern of the case is elaborate and can be distinguished from an “average case.”
The bottom line is that a mediation is what you make of it. Let your attorney guide you through the process.See question
What questions should I ask at a WC mediation hearing to make sure I settle in my best interest? (if settlement is offered) What information should my attorney have at this hearing? Should my attorney negotiate health liens prior to this hearin...
Thank you for your question, which should really be directed to your attorney. Your attorney is in the best position to be familiar with your case and its nuances. Without more information, it is almost impossible to speculate what the best questions are for you to ask.See question
I work every Sunday in a warehouse. I hurt myself at work two Sundays ago 11/19; I felt a pop and discomfort in my arm and shoulder. I told my highest-up co-worker that day about it because no management is at work on the extra Sunday shifts. ...
There are too many moving parts to give you an adequate answer via Avvo post. You should really consult with an attorney right away.
As a general rule, it is against the law to fire someone for asserting his rights under the Worker's Compensation Act. This is the only "common law" exception to what is known as the "Employment at Will" doctrine. Moreover, (and again, as a general principle) firing someone does not generally absolve the employer from paying workers' compensation benefits.See question
I've been on WC for 90days. I want to know what this means.the first doctor I met said once I got 90 days I get rights. I'm completely dissatisfied with my current doctors and treatment. It's taking forever for me to get surgery which I've be...
You have the right to see any doctor of your choosing after 90 days. Frankly, you probably had that right from the beginning since most employers do not comply with the regulations. Either way, you should be represented immediately.See question
I got hurt at work in 2014, I suffered injuries to my neck and back. I hired an attorney and he field a worker comp petition. I then went to jail and was recently released and my previous attorney filed a motion to withdraw the petition, and it wa...
As long as you refile the claim withing three years of the date of injury, you should be fine. Good luck!See question
i've been receiving -wc benefits in pa for over 4 years and i basically want to move on.I asked my attorney to contact the insurer to see if they are willing to settle due to hardship and my attorney have not gotten back to me. I do not know what...
I would go to your attorney's office and sit there until he / she meets with you and addresses your concerns.See question
I injured myself at work. I had 2 tears in my left shoulder but 1 of them was progressive which is why I worked lite duty until I finally decided to have the surgery. It has been 4 weeks since the surgery and 6 weeks since I have been out of work....
Yes you have a valid reason to seek representation, and you should seek it immediately!See question