Legal Question in Workers Comp in Pennsylvania

Re: workers compensation pennsylvania

There are a number of questions here and only a couple of answers that probably won't satisfy you. Insurance company doctors rarely have the opinion that your injuries are severe enough for either surgery (unless they are going to be doing the surgery) or for you to be off work (unless they are providing physical therapy). Attorneys consider settlement in all cases. Sometimes we are willing to compromise our fees to make a settlement possible when the alternative is months and months of waiting and an unsure result in litigation which it is in every single workers' compensation case that I've ever had where a case does not settle. Attorneys do not want to delay these cases anymore than the client does. In order to sue for wrongful discharge you have to find an attorney willing to take that case. Although discharging an employee because of a workers' compensation claim is against public policy and gives you a cause of action that does not guarantee a win and your employer will likely defend with testimony from supervisors or foremen, etc. that you were not a very good employee, didn't show up on time, goofed off at work, etc. These kind of defenses are very credible to Judges in general because they themselves supervise a staff and, because of this, most attorneys are reluctant to take the cases. As far as the surgery, if you have health insurance or hospital coverage, you may want to get the surgery and to have your health insurance fight it out with the employers insurance company, if you can. You will probably run into a problem there also because the health insurance company will not want to pay if it is workers comp and you will be sitting there with a big hospital bill that the health insurance company will expect your attorney to get the workers comp carrier to pay without any charge for his services in doing so.