What can I do ?
7 attorney answers
Your manager's apparent lack of concern and his effort to steer you away from documented medical care for the work injury suggest that the employer is likely to play games with your rights and their obligations. It is likely they will claim the right to control your access to medical treatment. The law generally allows for this, but only to an extent and only under some circumstances. As stated above, get a LIST and do not them force you to use their own top choice. But know that all of the providers on their list will be largely on their side. In the area locally around Swiftwater (and in the Poconos generally) some listed "panel" medical providers are better than others in terms of how far they will go to help the employer and insurer vs actually providing support to an injured worker. A quick consult with a knowledgeable attorney once you have the employer's list may help guide you on this -- both in selecting which provider from the employer's list and in knowing whether or when, and how, to jump away from medical support they control (which will be devoted in part to down-playing your injury and your claim) to doctors of your own choice and/or doctors referred by attorney (who would be far more supportive and give you control over your medical support, but possibly at the cost of creating a dispute a savvy attorney can help you avoid). If the injury looks to have lasting effects, best to consult a lawyer sooner rather than later. Any of us here would hope to hear from you.
Tim Kennedy is a Certified Specialist in PA Workers Compensation law representing injured workers only (never employers or insurance companies) throughout all of Pennsylvania. If you have further questions regarding your issue or my answer, you may contact me to discuss this issue further by calling 484-787-2000 or by email to [email protected], without costs or obligation. Answers are for general purposes only and do not establish an attorney-client relationship. All answers are given pursuant to Pennsylvania law, unless otherwise indicated.
I am sorry that you were injured. I agree with my colleagues' previous answers. I would also recommend that you be sure you confirm your communication with your manager in writing and state clearly that the injury happened on the employer's property so that there is no confusion later on as to whether proper notice was given. If your employer had a list of doctors to see for work injuries posted in the workplace, you will need to treat with a doctor from the list for the first 90 days. You may want to ask the employer for a copy of the list (in writing if possible). It should have an orthopedic practice on it. You should contact a certified workers' compensation specialist in your area as soon as possible. Avvo can help you locate someone near you. The employer and insurance company have lawyers assisting them. You should also and there would be no fee for a consultation.
You may have two claims, you may have one. It is very hard to tell from the facts provided. These types of cases usually require a good hour long intake. So your employer is generally immune from suit if you are covered by workers compensation. However, if there is a third party responsible for salting, shoveling or owning the lot, you may be able to sue them. As for your WC case, you mentioned you were on your way "back into work." I would need more detail on what was happening and why you were there. I am working on an appeal with the same issues right now. Here is the most relevant standard on whether you were in the course and scope of work at the time.
(1) where the employee is injured on or off the employer's premises, while actually engaged in furtherance of the employer's business or affairs or (2) where the employee, although not actually engaged in the furtherance of the employer's business or affairs, (a) is on the premises occupied or under the control of the employer, or upon which the employer's business or affairs are being carried on, (b) is required by the nature of his employment to be present on the employer's premises, and (c) sustains injuries caused by the condition of the premises or by operation of the employer's business or affairs thereon.
You definitely should talk to a WC attorney and possibly a tort attorney. Consults are free for these types of cases. The insurance companies and employers tend to misdirect folks early on in a claim. Sometimes it hurts the case. If you have a serious injury or concerns of a serious injury, get help.
Mr. Brennan is licensed to practice law only in Pennsylvania and New Jersey. Responses are based solely on Pennsylvania law unless stated otherwise. Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The response given is based upon the limited facts provided. To the extent additional or different facts exist, the response could change.
To be clear, medical expenses are paid whether you lose time from work or not. You may need to get that medical Care from a doctor selected by your employer. You should check to see whether your employer has a panel of doctors set up for workers compensation claims. If it does, you may need to see one of those doctors for the first 90 days. Don't let the employer send you to a specific doctor. Ask to see the list and choose your own. if you're not happy with any of the doctors on the list, consult with a workers compensation lawyer. Employers have to jump through a number of hoops in order to restrict your medical care to that list of doctors. Often, they do not complete all of the steps.
This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.
I agree with my colleagues - it sounds like you may have a valid workers’ compensation case, if the work injury causes you to be disabled for more than seven days. Contact an attorney certified as a specialist in workers compensation law to learn all if your rights and decide how best to proceed. Good luck!
You are entitled to workers compensation. If you are out of work longer than a week you can be compensated for your lost wages. Reasonable necessary and related medical expenses are paid. You may have a separate claim for personal injuries against the property owner. Contact a certified workers compensation attorney today.
I’m sorry you were injured and that your employer wasn’t more understanding. Based on the information you have provided, you may have multiple claims. You may have a Workers’ Compensation claim, a personal injury claim or even a short term disability claim. Most of us here on Avvo.com would be happy to help explain your rights in a free consultation. All you need to do is ask. Eric A. Shore
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.
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