Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

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  1. #11
    Join Date
    Oct 1971
    Posts
    3,423

    Default Re: Husband Getting Workmans Comp Medical but Still Working-Questions-Please Answer

    poohbear
    The problem about going out completely is that the lawyer would have to take 20 percent of the checks and that would mean we could not afford to live.
    It's better than getting nothing which is exactly what's going to happen in the near future.
    Without a lawyer, they'll chew you up and spit you out.

    Listen carefully - Tell your husband under no circumstance should he quit his job, he would forfeit wage loss benefits and complicate his case.
    He is not to discuss this case any further with his employer, doctor or IC, that train left the station.
    They obviously don't have his well being in mind and he could contaminate his case further.

    Hire an attorney immediately!!
    It may mean difference between keeping and losing your home, time is of essence, don't play games.

    One "tactic" would be to go to work - then "take a dive" or "go down" in pain.
    Tell him to make it good, don't cave, insist on immediate medical care.
    We'll call this "the day that broke the camels back" the day he can no longer work.
    This should open the door to a new medical opinion and strengthen his case.

    There are other "tactics" that can be employed against hostile employers and doctors but we won't go into them now
    These guys can be beat at their own game, use their ignorance against them.

    When in Rome, do as the Romans, do whatever it takes to survive and get the care your husband needs.

    KEEP UP THE FIGHT!!!!
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  2. #12
    Join Date
    Feb 2013
    Posts
    5

    Default Re: Husband Getting Workmans Comp Medical but Still Working-Questions-Please Answer

    I am completely unsure what to do now!! Hubby was at work Sunday and hurt the same injury worse. He filled out another accident report and listed that it was an exacerbation of the current injury. He had to leave work early and then told his boss he would not be in the next day because he was going to see the specialist that has been treating the work injury for the past year and a half. We called the specialist Monday morning and he is on vacation this week!! The office told us to go the family doctor until next week when he can see the specialist. We went to the family doctor and explained everything. They wrote him a note to be out of work for two weeks. We were called yesterday by the case worker for the injury and she told us that his job is considering Sunday a new claim even though it is the exact same injury!! So he is still expected to go to the IME for the "first" injury in 2 weeks but he cannot go to the specialist next week for this because it is a "new" injury. He has to go to their doctors for the first 90 days. The job also told his caseworker to have the IME doctor determine if it is the same injury. WHAT THE HECK DO WE DO NOW? That means that we can go to our specialist for injury one and we have to go to their doctors for injury two but they are the same injury!!!! What if their doctor says he can work with injury two but his specialist says he can not work with injury one? Who do we follow? UUUGGGHHHH!!!

  3. #13
    Join Date
    Oct 1971
    Posts
    3,423

    Default Re: Husband Getting Workmans Comp Medical but Still Working-Questions-Please Answer

    poohbear
    Hubby was at work Sunday and hurt the same injury worse. He filled out another accident report and listed that it was an exacerbation of the current injury.
    No, never offer information!! He's not a doctor, he's not qualified to make a diagnosis.

    He had to leave work early and then told his boss he would not be in the next day because he was going to see the specialist that has been treating the work injury for the past year and a half.
    Why didn't he seek for immediate medical attention? He supposed give the employer the opportunity to provide medical care, he should've requested to see the company doctor.

    WHAT THE HECK DO WE DO NOW?
    You didn't follow one word of the advice we've offered, now you ask that?
    Hire a lawyer before he destroys his case beyond repair!!!

    Don't do or say anything to anyone until you consult with and retain legal counsel, you guys have created one hell of a mess.

    Hire an attorney today!!!

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  4. #14
    Join Date
    Feb 2013
    Posts
    5

    Default Re: Husband Getting Workmans Comp Medical but Still Working-Questions-Please Answer

    I am so confused right now. We DID seek medical attention-from our specialist because it is the same injury-only worse. We do not have to see a company doctor for that injury because it is over a year. Why would it be a new injury?

    - - - Updated - - -

    Also, it was on Sunday-there are no doctors working Sunday-company or not

  5. #15
    Join Date
    Oct 1971
    Posts
    3,423

    Default Re: Husband Getting Workmans Comp Medical but Still Working-Questions-Please Answer

    poohbear
    We DID seek medical attention-from our specialist because it is the same injury-only worse.
    That's not the way to look at it.
    When he went down in pain at work, he should request immediate medical attention.
    Put the ball in the employers court, make them afford medical attention.

    We do not have to see a company doctor
    That's not what the law says.
    The first duty of an injured worker is to report the injury and afford the employer the right to provide medical care.
    Anything different could jeopardize or delay benefits.

    Also, it was on Sunday-there are no doctors working Sunday-company or not
    If it's Sunday, let the employer make arrangements at the emergency room or call the company doctor.
    Force the company to take responsibility, let their doctor treat and diagnose the injury.
    The point is to seal the deal, make the company responsible.

    I may be wrong but it seems that it would be to your advantage to have this be a second injury if the original injury is contested.
    Maybe the attorneys in PA will weigh in and clarify.

    Again, hire an attorney asp, don't play with it.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  6. #16
    Join Date
    Oct 2011
    Location
    Harrisburg, PA
    Posts
    69

    Default Re: Husband Getting Workmans Comp Medical but Still Working-Questions-Please Answer

    The aggravation of a pre-existing condition is a covered injury under the Workers' Compensation Act. If performing one's job aggravates a pre-existing medical condition, the aggravation of that condition by performing work duties constitutes a covered injury. Clearly, there is a lot going on with your husband's case. Many here have suggested you contact an attorney, I will echo that sentiment. Most attorneys will give you a free consultation and will not charge an attorney fee unless there is litigation or ultimately a settlement. Paying 20% of your benefits to attorney to fight for you to keep your benefits is much better than losing 100% of your benefits when you try to enforce your rights by yourself. At least call and talk to someone. The advice you are getting here is based exclusively on the information that you are posting; there may be very important information that is not being addressed (because it doesn't seem important to you) that an attorney will uncover by talking to you. There are attorneys that post on this forum that cover most of the state, or try your local bar association, or a web site like www.avvo.com. And waiting is certainly not in your best interest. Good luck.
    Francis J. Lafferty, IV, Esquire
    Helping injured workers in Pennsylvania.
    fjl@norlaflaw.com
    www.norlaflaw.com
    http://www.workers-compensation-blog.com

    DISCLAIMER: This post is intended as general information applicable only to the state of PA and is personal in nature, not professional in nature. 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.

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