Legal Question in Workers Comp in Pennsylvania

payment for injury

I tore my rotator cuff at work and required surgery a year ago, I re-injured that shoulder at work and filed a claim and need surgery. I am a nurse now but when the injury happened I was a nursing student about 7 months ago and I now make more money than I did then. i was told that by law they have to pay me what I was making then and I only worked twice a month because of school, is that true/fair? because I cannot afford to take off for 12 weeks with only making 2/3 of my gross pay as an aide working 16 hours a month.


Asked on 10/27/07, 6:12 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: payment for injury

It sounds to me like the insurance company is paying you as little as they can voluntarily. You may have to file a Petition and go to Hearing where a Workers Compensation Judge will decide whether the re-injury date should govern or the initial injury date. If you file a Petition, they will have to file a Wage Calculation document and I think you have a good chance of winning. It sounds to me like that may be your only option anyway.

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Answered on 10/28/07, 1:49 pm


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