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....
Welcome to the world of shady adjusters.
It is clearly time to at least talk with an attorney, most of whom will not charge you for the initial consult.
If the adjuster has tried to get you to sign paperwork, it sounds like the adjuster has perhaps issued some sort of initial paperwork acknowledging your injury. First and foremost, make sure that the description of injury is accurate, not simply a "shoulder strain". It would not surprise me if this particular adjuster has issued a Notice of Temporary Compensation Payable, rather than a more binding Notice of Compensation Payable.
If she hasn't issued any official acknowledgment of your injury, you should be talking to an attorney sooner rather than later. Good luck and thanks for asking your questions here!See question
I received a back injury at work. I have been receiving workman's comp coverage and seeing a doctor. The way it's looking I am going to have to get back surgery to correct my injury. I have been on light duty for the past two months. The doctor is...
I agree with all of the other attorneys here who have suggested that you should see an attorney.
In addition, however, you pointed to your financial difficulties as a very real problem. Because you are working light duty and no longer working overtime, you are working at an earnings loss. The Pennsylvania Workers' Compensation Act specifically mandates that you be paid based upon your preinjury average weekly wage, INCLUDING any overtime that you worked before your injury.
If the Workers' Compensation carrier is paying you based on your base wages and did not include your overtime earnings in its calculation, you should gather your pre-injury paystubs now so that the issue can be rectified. Immediately.
Thank you for asking the question here and good luck!See question
Had an IME done and dr gave me restrictions. I have been out of work by the dr I have been seeing, who is a panel dr. I received a notice of ability to return to work. Insurance company asked about settling the claim. Is this because my employer ...
Your employer may not want you to come back to work if you can't return to your pre-injury position. They may in fact view you as a liability, as you could exacerbate your injury if you do return to work, even at modified duties.
With respect to the insurance company's suggestion that the case can be resolved, it may or may not be that time. Ask yourself what you plan on doing if you do get the lump sum they suggest. Further, they will doubtless try to lowball you with an offer. Any settlement negotiation is indeed that - a negotiation, so be prepared and informed. Also keep in mind that the IME doctor by no means has the last word on what you can and cannot do.
Thanks for asking here and good luck!See question
I am not legally represented and most likely I will not seek representation. This is a worker's comp case. I was driving while working on DOL. The insurance want to end medical treatment. Subpoenas have been sent to my treating doctors and a depo...
Although we do indeed need more information, it sounds like the attorney representing the employer has arranged for records depositions (subpoenas) of your doctors. This is a standard procedure in which the insurance company seeks to obtain essentially a certified copy of your doctors records. As a rule, you do not specifically have to attend a records deposition. It should be noted that you do have a right to object to records depositions. This right is spelled out in the Act.
Because they are attorneys cannot obtain subpoena power without a judge's permission, I infer that your case is actually before a judge. That very likely means that your employer's attorney has arranged for the oral deposition of one or more doctors on its behalf. You should attend any oral depositions scheduled, where you will have the right to cross-examine their witnesses. In addition, you have the right to call your own witnesses to testify by deposition. As you can tell, this can be a complex procedure and it may be worth it to hire an attorney.See question
I have been out of work for a year due to the fact I got hurt on the job. I recently got a letter from my employer saying they are letting me go. Now they are not saying its because of my injury,but my position has been expired due to the lack of ...
A global resolution is a full and FINAL settlement of your workers' compensation case, which means once you receive the negotiated lump sum, you never see any further wage-loss or medical benefits from your employer. Whether or not settling in this fashion is a good idea requires a lot of thought, because this is essentially the rest of your life. If you settle for a global resolution, you receive no more weekly or biweekly wage loss checks, and only you will be responsible for future medical bills associated with the care of your work injury. Obviously, you do not want to rush into settling, particularly if you have a lot of questions about what happens after your settlement hearing. Good luck!See question
I got hurt at work in 2014, I hired a lawyer and he filed a claim, I went to jail and he withdrew and it was granted without prejudice, allowing me to refile when I got out. I still suffer from the injury, and still unable to work. Is there anythi...
You are still within the three-year statute of limitations, so you are free to file a new claim petition, as the judge presumably issued an order denoting your withdrawal of the claim petition without prejudice. Best of luck!See question
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.
It sounds like you are asking if you can be forced to undergo yet another surgery, the first of which was not successful.
We are often asked by our clients if they can be forced to get surgery for their work injury. The decision whether or not to undergo surgery can be life-altering. Surgery gone wrong can worsen your condition or even disable you. On the other hand, surgery done right can reduce pain and increase physical capabilities. However, can surgery be forced upon you?
The first thing you have to consider is whether or not surgery is in your best interests. Many patients would likely have fared much better had they never undergone surgery, particularly low back surgery. However, many have done better having undergone surgery.
If your doctor has proposed surgery, NOW would be the time to discuss the chances of success. Discuss this with your surgeon, making sure he or she spends enough time with you to explain everything well and answer all of your questions. You also may wish to seek a second opinion, as this is a critical issue. Naturally, you have the right to a second opinion. Only a small percentage of patients actually exercise this right, but we encourage it.
You have to seriously consider if your condition warrants intervention. Generally, if you can’t bear your symptoms, and if surgery will likely alleviate your symptoms, you’ll probably want to get surgery. Decisions get more difficult if your symptoms are tolerable, but your condition might improve with surgery.
So, can the insurance company force you to undergo surgery? The short answer is “no”. No one can put you under general anesthesia without your consent. However, there are possible consequences if you exercise your right to decline surgery.
If a doctor says that you are 75% — or even 80% — likely to improve following surgery, you might face the possible forfeiture of your rights to future workers’ compensation benefits if you decline surgery. We’re talking both wage loss and medical benefits. And we’re talking permanent. No order to attempt to stop these benefits, the workers compensation carrier has to file a petition against you and meet its burden of proof. This is certainly not an easy burden of proof for the insurance company to meet. However, the consequences are severe. If the judge finds that the proposed surgery is likely to improve your condition and capacity, and you have exercise your right to decline that surgery, the judge may stop your wage loss and medical benefits. These instances, however, are rare.
Facing surgery can be one of the most difficult decisions you ever make. It is wise to take these decisions seriously, become informed, and way the possible consequences before undergoing such a drastic treatment.See question
I was told a notice of ability to return to work must be issued before going back to work light duty after a work injury?
This is absolutely correct, with some minor caveats. An employer must issue a Notice of Ability to Return to Work indicating a physician's release modified duties before offering a job. However, in some rare circumstances this technicality can be avoided by an employer. Mr. Hillsberg is correct; you should get a free consult with a workers' compensation specialist. Best of luck!See question
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...
It sounds like you are going to have to go to court.
The Workers' Compensation insurance company has 21 days to investigate the claim from the time you notified your employer of the injury. Because you have already been out a month, you should have heard back from the insurance company, although you didn't mention whether you have.
If the insurance company has acknowledged your injury, depending on the nature of the acknowledgment (Notice of Temporary Compensation Payable versus Notice of Compensation Payable) and if they paid you, you may be entitled to ongoing checks. This is not likely, however.
Of course, if you have treated with the Workers' Compensation doctors for 90 days, you can choose your own physician. This is probably the best route, as your doctors to date do not seem to have been particularly concerned about your well-being
If you're not getting paid or if your medical bills aren't getting paid, it is time to talk with a lawyer.See question
I had a panel Dr appt yesterday and also had my first physical therapy appt and I was too sore and in pain which is normal after first session I called and reschedule for Friday because I knew I wouldn't make it today and I took my muscle relaxers...
When you say "panel doctor", I work from the presumption that your injury is recent and that you are still within the 90 day "captive period" during which you are treating with your employer's choice of panel doctors. You do indeed have the right to reschedule medical appointments to suit your own schedule and capabilities. On the other hand, you must continue to actively treat for your work injury. If you feel you need a ride to the doctor because of side effects of medication, you may contact your employer and request a ride. They may not, however, be obligated to provide you transportation to the appointment.
Also, you certainly have every right to refuse to engage in physical activity at work that may be harmful. Therefore, it is imperative that you make sure that the panel Dr. specifies what you can and cannot do at work. Namely, if you're taking medications that are known to make you drowsy, you should not be operating heavy machinery. The doctor should spell this out very clearlySee question