Posts Tagged ‘comp’

HELP! Workers Comp hearing question? I’m at MMI and my hearing is tomorrow.?

Question by kitkat: HELP! Workers Comp hearing question? I’m at MMI and my hearing is tomorrow.?
I just spoke with my lawyer. My hearing is tomorrow and both the IME doctor and my doctor are saying two different things.

The IME doctor says that I am a Scheduled Loss of Use and my doctor is saying that I am a permanent partial classification.

The lawyer said that tomorrow they will stop my payments and have to do an “over the phone” deposition of both doctors to come to a conclusion.

He also said that “classification” is usually a back injury and so he doubts that the judge will rule in favor of the classification which will end up with me having no money whatsoever after they deduct what I was already given.


How can my doctor put me at a permanent partial classification if this is not usually given for arms, and how can I fight to get it???

I want compensation for all the money I haven’t been able to recieve at my former job due to this injury.

Will my lawyer fight for me??? Is there something else I can do to help my case???
My injury is both arms bi lateral epicondylitis, both operated on. Both still have symptoms.
I am a permanent partial disability.
New York State

Best answer:

Answer by kitkat
Work Comp laws change depending on state so without state nobody can give you specifics on what your entitled to besides your doctor. So im just going to clarify a few items for you. You need to work with your attorney and doctor and have him address the specifics for your injury and state. Ok first of all an IME doctor is always going to minimize your injuries. He works for the insurance company. Second the “classification” your doctor gave you is not necissarily wrong simply because it is usually reserved for back injuries. In most states your temporary partial or temporary total disability payments will stop as soon as you reach max medical improvement OR 52 weeks. Once you reach max medical improvement you can still be entitled to benefits in some cases. Such as a job counselor helping you actively look for work, retraining periods, or restrictions your current employer can NOT work around but has not made a decision on wether or not to retain you as an employee. These are not temporary disability payments so do not fall under the same criteria or heading and you may wish to talk to your attorney about it. Your lawyer should be fighting for you. However he is not a mind reader and will have to bring concerns up to him before he can help you. You are more than likely not his only case so be persistant. If there are things you can do to help your case he will advice you. Unfortunately work comp cases take a long time to settle in most cases and the insurance companies for work comp are known to be jerks. Its an uphill battle both ways and most laws favor the insurance company versus the injured party. Good luck on your case.

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1 comment - What do you think?  Posted by - January 7, 2011 at 4:22 pm

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Workers Comp question?

Question by chuck j: Workers Comp question?
Back in July I injured my back pretty bad and have been off work since. BWC has been paying my benefits without question and so far so good. I go in October for a pretty major surgery, Doc wants to remove a rib and place a titanium cage in my back along with a few other things. This is my second surgery at the age of 32, first was a microdiskotomy on my lower back. The doc told me when I saw him last that I will not be returning to this job nor this type of work ever again and I’m on permeant restrictions. So what does this exactly mean, do I get retrained? I talked to a lawyer today and he basicaly told me that BWC would have to retrain me for a job that I can do but still make the same money per hour I was making the time of injury, $ 17.50. Do I go to school to be “retrained”? Also since I am in such bad shape, do I have the option of sewing my employer for my injury, or emotional distress for a life long injury or back problem?

Best answer:

Answer by shroomigator
Yes you can be retrained, but you don’t have to accept it. they will pay for all your retraining. You can always sue your employer, for your injury and for pain and suffering.

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Be the first to comment - What do you think?  Posted by - January 4, 2011 at 7:14 pm

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Workers Comp Problems?

Question by Sammie Jo: Workers Comp Problems?
These people are idiots! We have a lawyer, yet the are still sending us letters that say ” we are denying your claim because we have no records of an injury” We have been to the E.R. the day it happened, their doctors and our own second opinion. The are keeping him on light duty becayse they can’t decide if e does or doesn’t need to see a surgeon. Now they are calling my husband and trying to ask him questions, I have told him that if he does accidently get on the phone with one of them, to give them the lawyers number, because they should know better then to try and contact us. Is this normal, I mean has anyone else who went through a wok injury had problems like this, or are they making it more difficult because we ratted his old bosses out about paying half cash. Am I right to refuse communication with them except through my lawyer? We need that money, I am sure you understand, and this needs to be over quickly.

Best answer:

Answer by JUSTME
Call your attorney with you questions and do what he suggests you do. He is the only one that is on your side now.

The best of luck to you and yours.

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2 comments - What do you think?  Posted by - December 23, 2010 at 11:11 pm

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Workers comp?

Question by sean n: Workers comp?
I got injurd at work my big toe got ran over by a 2000 pound palate jack. Now i am fighting with the insurace company about everything…. I am on TTD and have an MRI 2morrow. Now i contacted some lawyers and they didn’t give me much info but i wanted to know if my employers was at fault… On the palate jack there is a red button that if your being chrushed against a wall the red button is supposed to compress and shoot forward now when the palate jack ran up on my toe the red button (that dosen’t work) didn’t work and just kept going. Now everyone at my store knew that the button didn’t work the managers, cashiers, District manager and didn’t fix it beacuse “it would take to long to fix” so now i have permanet nerve damage in my toe and am in horrible pain 24/7 does anyone have any advice besides talk to a lawyer beacuse that didn’t really help.. Oh yeah and a person from the insurace company is coming to my house for me to sign an afadavid (sorry about the spelling)..
So should i tell the guy i have a lawyer don’t you think that would raise a red flag???? And about the MRI i am soo nervous what if the MRI comes back with nothing (i know something is wrong but) what do i do then/…
Every lawyer i talk to says the same thing as all you kind people do DON’T SIGN IT but don’t you think the insurace company will think something is UP??

Best answer:

Answer by bayareart1
don’t sign anything until a lawyer looks at it

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3 comments - What do you think?  Posted by - December 20, 2010 at 5:13 pm

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Independent Contractor or Not? Harrisburg Workers Comp Lawyer Explains There are times when employers and insurance carriers will rigorously defend themselves to avoid paying workers’ compensation claims. That is exactly what happened with one of the clients of the law firm of Calhoon& Associates. It was a recent case that involved a 19-year-old who worked at a skateboarding park. For many years, the employer’s position had been that people who came to work at his camp where considered independent contractors. He would go as far as having employees sign a form stating they were independent contractors. In reality, under the law they should have been treated as employees. Harrisburg workers’ comp lawyer Deborah Packer filed a claims petition for this workers’ compensation case and was successful in helping him obtain compensation. In this video clip, Ms. Packer discusses this case and talks about how it felt good being able to help this young man, especially since his employer and the insurance carrier were working so hard to deny his claim. If you have been injured at work, contact an experienced Harrisburg workers’ comp lawyer at the law firm of Calhoon& Associates at 877-291-9675. Also, be sure to order your FREE copy of the controversial book, 7 Deadly Sins That Can Destroy Your Pennsylvania Workers’ Comp Case.It’s a book your employer and the insurance carrier are hoping you won’t read. Offices: 2411 North Front Street, Harrisburg, PA 17110 14 North Main Street, Chambersburg, PA 17201
Video Rating: 0 / 5

The workers comp lawyers at Dallas W. Hartman, PC have helped people across Pennsylvania and Ohio since 1984. They can help those denied workers compensation benefits or those who have been receiving benefits continue to receive benefits or help those who would like a lump sum settlement. The workers compensation insurance companies are not on your side. Thay may offer you light duty or want you to return to work before you are ready. Call our attorneys today for a free consultation. We have offices in both PA and Ohio. We have helped those in Pittsburgh, Youngstown, Erie, Altoona, State College, Harrisburg, Johnstown, Sharon, New Catsle, Butler, Somerset, Kittanning and Clarion. Please feel free to call our attorneys today.
Video Rating: 5 / 5

Be the first to comment - What do you think?  Posted by - at 4:16 am

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What happens with my position and seniority at work after 2 years of workers comp?

Question by Lilia p: What happens with my position and seniority at work after 2 years of workers comp?
I have been in workers comp for 2 years now in Illinois. I have permanent restrictions (25%, cannot walk more than 3 hours), and my lawyer is trying to settle (He won’t tell me how much in average for the leg, or if there is life medical, nothing). What happens with my position at work? I cannot perform the same job anymore plus I do not have personal medical insurance anymore. I was working for some other companies, since I am a freelance. Now I am loosing all the other jobs, insurance, position, seniority in these places too. My lawyer says is “immaterial”, he cannot do anything about it. The place where I had the accident is supposed to guarantee the job for life?

Best answer:

Answer by michr
your settlement is based on set guidelines from the state using your % of total disability.
then since you can not return to your old employment these factors are used to determine a multiplier, your age, skills that transfer to another job, education and work history, this multiplier can be as much as 6 times the dollar amount that is determined by the % of total disability.
usually the settlement will include continuing medical coverage but that coverage is for the original injury NOT for other medical conditions. you must use the same doctors as you have for the WC injury and must be pre-approved for any doctor visits .

your attorney is correct about these other jobs being irrelevant
all WC deals with is your work related injury and the permanent partial disability that resulted from it.
there is not much for an attorney to do, the settlement must be within the states guidelines and the state must approve the settlement.

the employer does NOT guarantee your job for life. if you can not perform the essential duties of the job then you can’t, and therefor you will no longer be employed.

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2 comments - What do you think?  Posted by - December 18, 2010 at 6:12 pm

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What do I do? I suffered a 3rd degree burn from electrodes while in therapy for a workers comp injury.?

Question by m_4_real: What do I do? I suffered a 3rd degree burn from electrodes while in therapy for a workers comp injury.?
Due to a workman’s comp issue/injury (see prev ?’s: same injury, dr, lawyer), I’m in physical therapy – their Dr. of course. Part of PT is having electrode things that tingle/vibrate placed on my neck. Afterward, I felt a pain on the back of my neck. I had my daughter look and when i lifted my hair, she screams and says it looks like they put a cigar out on my neck. I immediately took pictures, & contacted my lawyer (after applying burn cream). The lawyer said “it doesnt affect anything unless it gets so infected it scars and needs plastic surgery”. He was SO unconcerned about it. He didnt even want to see the pics. When I went back to the dr, I showed him and all he said was we wont do the electrodes for awhile. It hurts like hell & looks even worse. It IS infected by the way. I dont have insurance & the hospital will charge me full $ to treat it. What do I do? Do I get new atty? here’s pics of it: (the burn is DEEP)

Best answer:

Answer by pjlisa13
Sue Sue Sue Sue!! Oh stop going to them!!

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5 comments - What do you think?  Posted by - at 1:17 am

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