Legal Question in Workers Comp in Pennsylvania
comp law
Dr says I am unable to return to the job I had been doing. I can be working in a very limited capacity elswhere. insurance company wants a work assessment elavuation. They will show jobs in my area I could be doing because I cant return to reg job. I need not take the job, but they will reduce the amount of comp check by the amout I could be making from said job. Is this true? Can they do that? Comp benefits 300 per week...job available at 295. If I do , or don't take job, benefits would be reduced to $5 per week..Do I need a lawyer?
2 Answers from Attorneys
Re: comp law
You should absolutely get a lawyer. The insurance company is preparing a case to modify your benefits and you need to prepare your defense. There are many landmines that you need to avoid. It is true that the ins company can use a labor market survey to demonstrate your earning capacity and thereby reduce your wage loss benefits. However, we can prepare a defense using our own medical and vocational experts to counter the argument. Please contact our office as soon as possible.
Re: comp law
You could have hired a lawyer the moment you became aware of being forced to RTW. You will definately need Claimants' Counsel when the Insurance Carrier files a Petition to modify/terminate/suspend compensation.
The silver lining is that you have an opportunity to negotiate a lump sum right now. Strike while the iron is hot.
Good Luck.
TV
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