You need to speak to an experienced worker's compensation lawyer NOW. The consultation will be free. If you go to see the lawyer in person, make sure to take all medical records in your possession plus any and all letters and documents from the workers comp insurance co and your employer. By the way, the lawyer will tell you that if you are still treating with the employer's recommended doctors, you may want to consider finding your own specialists who will look out for you rather than the insurance company's bottom line. Now that it is more than 90 days since your injury you can choose your own doctors.
Also, if the injury involved a contractor who is not your employer, you may have a personal injury claim against that outside party if the injury was due to his negligence. If you succeed you would have to reimburse much of what Workers Comp paid you out of any proceeds from that case.
Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.
Your benefits will be at risk now because you clearly cannot do full duty work. The insurance carrier has a doctor who claims you can. You need to hire an experienced workers compensation attorney ASAP, preferably one who is certified as a specialist in workers compensation law. You also need to make sure you are seeing board certified physicians who understand your injuries and limitations and who are willing to testify for you in court.
Good attorneys can assist you with obtaining both the legal help you need as well as helping you get to medical doctors who will back you up.
This can be a trying time, so be smart and consult with and hire an attorney who you are comfortable with now. You need help to know how to handle this situation.
Any of the posters responding to your question would likely be good choices of attorneys who can help you.
You are at one of the most critical points in your claim, if you are seeing a panel doctor, I would immediately get to another doctor. I would suggest talking to an attorney even about the doctor you see. There are a number of questions I would have regarding the nature of the injury acknowledged and some of the additional facts, but an online an online forum is not the place for that. You need to call an attorney and get the help you need. You are still receiving benefits apparently (not sure I understand the last sentence of your question), so you are in a decent spot to litigate but if you lose your benefits you will be at their mercy. Good luck.
You said that you have been on Workers' Compensation. First and foremost, then, we have to determine if your claim was accepted by Notice of Temporary Compensation Payable (NTCP) or a regular notice of compensation payable (NCP). If it was by an NTCP and you are still in the temporary period, The Workers' Compensation carrier might be able to simply stop your benefits. You are in far better shape if your NTCP has converted to an NCP or if the carrier simply issued an NCP to begin with.
It is also critical to determine if any of your treating physicians continue to limit you to light duty versus opining you can return to work at full duty. If there is no doctor "on your side", it might be time to see a new doctor, particularly if your doctors now were chosen by your employer or insurer.
Unfortunately, I think the others here are correct; it is time to speak with an attorney.
The answer to this question is based on Pennsylvania Law only. Workers' Compensation statutes and case law vary from state to state.
There are a number of things that can be done depending on whether or not your claim has been accepted and if your claim is accepted what document was used to accept your claim. Unfortunately, most if not all of the options available will involve filing petitions and taking your claim before a judge. To do this successfully, you would be well advised to obtain a workers' compensation lawyer. Most workers' compensation lawyers offer a free initial consultation and do not take a fee unless they obtain wage loss benefits for you, so there is no financial risk in obtaining an attorney.
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.
You need to retain an attorney and seek the care of a doctor who will actually try to get you better and look out for your best interests. It sounds to me as if you are unrepresented and are getting railroaded as a result. Get help immediately!