I recently won a claim settlement against my employer for the loss of use of my thumb in a work accident. I am being paid 100 wks, 10 wks for healing minus 5 checks I collected, based on 2/3 of my average weekly salary. My attorney is taking only 17,5%. The plaintiff had 20 days to appeal and that time has recently come and gone.
I would agree that you should talk to your lawyer. This is especially true since the decision may have specific terms that would be know to your lawyer but not to anyone on this board. That being said, first off, you are the plaintiff; your employer and it's carrier are the defendant. Payment should be initiated within 30 days of the circulation date of the decision; however the loss of use of your thumb would be considered specific loss which is paid as a weekly or biweekly check rather than a lump sum. Furthermore, specific loss benefits do not start until payment of temporary total disability wage loss benefits have stopped, so if you are still receiving your full wage loss benefits the specific loss checks are not going to start yet despite the judge's order. So again, if you want an accurate answer for your facts, you need to talk to your lawyer since he knows the details.
Timothy D. Belt, Esquire Certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court. DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
Generally speaking 30 days from the date of the circulated decision. You should speak with your attorney who can best advise you.
They need to pay you immediately if the appeal period has run and they did not appeal. You should contact your attorney immediately, if you have not already!
I am an attorney, but do not represent you. This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
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