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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Question Handling a Worker's Comp Clam Without a Lawyer

    Hello everyone. I am blessed that I found this place. I have been on WC since February of 2008. I slipped, did not fall, and injured my SI joint. At least that is the opinion of several of my docs. My PT told me the SI doesn't normally hurt but the doctors and the first IME all say SI Injury.

    I have been thru PT, Cortizone injections, MRI's, X-rays, Pain management injections, Epidurals and massive quantities of pain meds. I have been working since June of 2008 but limited hours. I was getting paid for the limited hours by WC until January of 2009 when all of a sudden, the pay stopped. I kept calling to inquire and it fell on deaf ears. Finally one of the managers sent me a random check for June 2009 thru September 2009 and I have not received anything since.

    Last week, I received a notice to return to work for 5 hours, which is what I am currently working. When I called to see about the retroactive pay, I was told they will be working on it. This is the same story I have been getting from them since they originally stopped paying me.

    Saturday, I receive a letter stating that they set me an appointment for another IME. Is this normal to have 2? I don't mind going but am wondering why? I feel like refusing until they pay me but I am sure that would cause problems.

    Some days are better than others but I am limited in what I can do. The pain is always there but sometimes not as problematic, The problem is that the pain is in my buttocks and my job consists of alot of sitting. I like to joke that I have a pain in the a$$ but that title is saved for my husband...lol. If not a sense of humor, then what do we have?

    After all that introductory stuff, here are my questions:

    • Shouldn't I be paid for my time off, especially when I have a dr. excuse for each and every day I miss?
    • Should I go to another doctor? I am still going to the WC doctor currently.
    • Anyone have any recommendations for attorneys in the Pittsburgh area?
    • Should I get a lawyer? I did consult with one at the beginning but he wasn't very helpful and I thought this was going to heal much faster.
    • Will I get fired if I get a lawyer? I have been told that the company will fire me if I do but others say I will probably get fired as soon as I am back to full time due to the slip.


    I realize 2 years into it is a little late to be asking questions but I just found this place.

    What I go back to 8 hours and am not able to tolerate it? I barely tolerate 5 hours but am willing to try anything to get off the WC system because until you are actually dealing with it, you don't realize what a puppet you turn into.

    Any input you may have would be greatly appreciated.

    Take care fellow members

  2. #2
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,267

    Default Re: Many Questions Without a Lawyer

    Welcome to the forum. I have taken a stab at your questions below.

    Quote Quoting Grlsniper View Post
    • Shouldn't I be paid for my time off, especially when I have a dr. excuse for each and every day I miss?

      Any time missed from work as a result of the injury is potentially compensable.

    • Should I go to another doctor? I am still going to the WC doctor currently.

      It is often, but not always, a good idea to seek treatment outside of the panel after the first 90 days. However, there is no hard and fast rule, and if you are comfortable with this doctor and feel that he is doing everything he can to help you, there may be no reason to change.

    • Anyone have any recommendations for attorneys in the Pittsburgh area?

      In deference to the no solicitation policy of this forum, I will not list recommendations here. If you wish to contact me privately on this subject, please feel free to do so.

    • Should I get a lawyer? I did consult with one at the beginning but he wasn't very helpful and I thought this was going to heal much faster.

      In my completely biased opinion, a good lawyer is always an asset.
    • Will I get fired if I get a lawyer? I have been told that the company will fire me if I do but others say I will probably get fired as soon as I am back to full time due to the slip.

      If the company fires you for getting a lawyer, they will have provided him with a new and separate cause of action. That being said, if you feel that the company would fire you for something like that, your prospects of retaining your employment once you are off light duty seem rather dismal.

    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    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.

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