Legal Question in Workers Comp in Pennsylvania
Future employment
I Fell off of a ladder in Feb of 02 and broke my radius and damaged a lot of other things in my arm. I have had 7 surgeries since then. My last surgery was on may 10 of 05.My doctor along with an Ins company Dr. say I will not be able to return to my previous occupation. What are my options,settlement, new career or what?Also if new career ,does Ins company make up any differance between old wages and possible lower new wages.
3 Answers from Attorneys
Re: Future employment
I am former Bureau counsel within the Dept of Labor and Industry.
your situation will smoke out the best of Workers' Compensation lawyers because your particular facts - as far as you portray them -could suggest a quite favorable outcome. your wage rate and future employabliliy are also important but unmentioned factors.
surf the web and educate yourself. If you have questions or would like a referral in Phila., 814-944-8275 leave a message.
good luck
TV
Re: Future employment
Here's your options: 1- sit back & do nothing. Ins Co has to continue to pay your worker's comp until such time as they find you a new job. You have to go to any job interviews they request, & accept any job offer. If the new job pays less then your pre-injury average wage, ins co has to pay you 2/3 of your loss. For example, if you previously made $600/wk, & get a new job paying $500/wk, you have a $100/wk loss, & ins co has to pay $67/wk, for a maximum of 500 weeks. 2- Look for a new job on your own, with old employer or new employer. Same rule as above if new job pays less than old job. 3- try to reach a lump sum settlement. This can get complicated & needs to be discussed with an experienced worker's comp attorney. You should not do this on your own. Please feel free to contact my office - free consulation. Good luck!!
Re: Future employment
there is no way to tell without looking at your meds and functional capacity evaluations. I hope you have a lawyer because if you dont, you will not get proper comp on this case. I urge you to hire someone with experience. You cannot fdo this on your own