Asked in Northampton, PA , on Nov 24, 2015
It was a 4 way stop sign intersection, I stopped and proceeded to make a left turn. The other vehicle ran his stop sign going at least 40mph and did not use his brakes at all. He collided with my vehicle and his insurance is claiming I’m 10% at fault. There was no way for me to avoid this accident, because it was an older gentleman, he didn’t even see me or the stop sign until he hit me. I didn’t see him running the stop sign until it was too late. I’ve had a headache for the past 3 days now and my neck hurts, and I never have any headaches. Is there anything I can do to fight this? Because now my car’s all messed up and they want me to pay to have my car fixed in an accident that wasn’t my fault.
Answered on Nov 25, 2015
You definitely should continue your treatment, there are alot of great doctors in the Lehigh Valley, I would see one and continue to treat. The headache and neck pain could be a sign of something more significant going on. The insurance question has been answered several times, but as to the potentially bigger questions you need to talk to someone about your policy, the nature of the injuries and the damages. Consults are generally free for this sort of thing and fees are generally contingent on winning or settling, so I would say the only way you are risking anything is by doing nothing. Good luck.
Asked in Reading, PA , on Oct 16, 2015
I was hurt on the job, was seen by the doctor and was sent back to work with restrictions. The company wouldn’t give me light duty work and I was not allowed to go back to work. I have been off work going on three weeks. Was just told that I qualify for Workmens comp. Since I was available for work and company refused to make work available could I collect unemployment for those weeks or until I start getting Workmens comp. My unemployment payments are much higher than workmens comp payments too.
Answered on Oct 19, 2015
I agree with the other attorneys who have commented, the insurer usually wants you to receive UC because they receive the money back as a credit. There are many inequities built into how these claims are handled so you should be conscious of injuries that are not described correctly (herniation called a sprain, missing finger called a flesh wound), a WC nurse following you at appointments and panel doctors who do not seem to be treating you. I would recommend that anyone who is hurt at work talk to a WC attorney. There is too much going on in the background not to have the issues addressed. The consult is free and most attorneys in this field are very easy to work with. Good luck.
Asked in Bethlehem, PA , on Oct 14, 2015
I was injured when cases of water fell on me, my eyes were damaged when my glasses was hit and the lenses hit my right eye. I had to have surgery done on my right hand, as my finger was damaged. My right knee was pinned and swollen and damage nerves, i didn’t want to do the surgery to correct that. After my hand was left at 50/50 usage, the Weis insurance company keep transferring me from one claim specialist to another. and it’s getting no where
Answered on Oct 15, 2015
It sounds like with will need a personal injury attorney to go over the specifics of your case. Slip and fall cases are very case specific, but with the damages you are describing it seems necessary. Fees for personal injury cases are contingent and a referral would be free more than likely. Good luck.
Asked in Douglassville, PA , on Apr 9, 2015
I had a prior work-comp claim 5 years ago. I was injured at my current job and the insurance company denied my claim?
Answered on Apr 12, 2015
It is hard to tell exactly what is going on here without quite a few more details. One of your injuries is in litigation and the mediation notice means you should already have a good idea what the case it worth to you over the long haul if you are at all thinking of settling. If not, you should be prepared to defend yourself from whatever petition has been filed. You definitely need to sit down and talk to an attorney if you have not already, it sounds like this has sat too long. Almost all WC attorneys are willing to do a free consult… you need one. Good luck.
Asked in Hazleton, PA , on Feb 13, 2015
I started working at a warehouse 2 months ago, and a week ago i have been feeling pain on my hand, i self diagnosed myself with Carpal tunnel based on the symptoms, my jobs told me to get a Doctor’s letter clearing me for work until then i can’t come back to work, (but i feel like they are trying to lay me off, because a doctor will clear me for work, but with restrictions, can my work place lay me off or fire me even with a doctor’s letter that clears me for work with restrictions? because they claim that Carpal tunnel happened before i worked there, but i have proof from my last doctor’s visit which was a month before i started to work there, that shows i never once reported any pain or symptoms to my hand before, and this started to happen a month after i started to work there.
Answered on Feb 14, 2015
I agree with Chris, this is a very difficult position to be in especially if you have some conflicting goals. Often times the employer is not eager to bring back an injured employer, often they have financial incentives to part ways with workers early in a claim. Compensation for a work injury tends to bottle neck into a process and the perfect/proper world handling gets clouded in the claims management process. Sometimes an injured worker gets more than they otherwise would be entitled, sometimes if is shamefully less. Either way, this is a tough place to be because the injurer/employer is viewing you as an adversary who can cost them money. You should get the guidance you clearly need now, most people in this field consult for free so there is not much of a risk. As an aside, I hope it is not the Amazon warehouse, they are very difficult to deal with. Good luck.
Asked in Bangor, PA , on Dec 9, 2014
Is my friend going to get in trouble if I sue her? What should I do?
Answered on Dec 10, 2014
You really need to sit down and talk to someone, there is not much facts to go on here. Generally when there is a friend or family involved, I say the insurance company is the one who will feel the pain. The question you need to flesh out is – which insurance company if any? Another thought is, were you doing anything work related, maybe you would have coverage there? You also could look into public benefits.
Asked in Allentown, PA , on Oct 26, 2014
Its been a year since my work injury and i just had second IME and the report stated that I have reached MMI and that my restrictions are permanent. Does this mean that I keep receiving workers comp checks permanently since my employer never offered me a job?
Answered on Oct 28, 2014
Another thing you should discuss with an attorney is your actual injuries and potential secondary issues. The addition of subsequently developing conditions or the proper characterization of your current injury could influence your full body impairment. That could set their claims management back and force them to reevaluate what your case it worth.
Asked in Wilkes Barre, PA , on Oct 22, 2014
I was hurt at work and had surgery. I have been going to therapy and and was doing rather well. Then I hurt it doing a simple task at home. Now I need an MRI and workers comp doesn’t want to pay for it. What are the laws behind this? I was still not released from work, and although was doing better, still wasn’t at 100%. Are they responsible because the initial injury was work related? Any thoughts are appreciated
Answered on Oct 23, 2014
There are two levels of things going on (1) causation, is this something that happened essentially bc of the comp injury, I recently had a case involving a private wrist injury as result of a fall because of a bad knee from work (you can win these cases or be compensated), (2) continued benefits, are you disabled entirely for other reasons than the work injury, if not, it should be possible to defend your right to continued benefits. It is not the easiest case, but your circumstances are better than many because of your ongoing benefits (which it sounds like you are being paid). You need to flesh it out with a good WC attorney, basically you just need to fight it out with the insurer.
Asked in Philadelphia, PA , on Jun 13, 2014
I would like to know what is independent neurological examination ask by insurance company. What to expect and should I get a lawyer. I have cervical injury and I torn my right rotator cuff. I am currently receiving benefits from WC. A friend of mine read that most herniation happen in lumbar not cervical spine. I am 51 years old, worry about my future.
Answered on Jun 13, 2014
I am guessing you will have a difficult case, not necessarily because of whether it is compensible but because of the mix of should and cervical injuries. You should talk to an attorney about all of these issues because the mix of injuries could give the company an opportunity to deny you claim or not accept all of the conditions you now suffer from. These conditions could effect your future earning capacity. You definitely need someone to manage the claim and make sure you are treated fairly. The insurance company is not in the business of just paying claims. Good luck.
Asked in Quakertown, PA , on May 14, 2014
I have a work comp case open. My foot is still in bad shape and im thinking of seeing a psychiatrist because I feel depressed and stressed about it. Would seeing a psychiatrist make a possible future settlement larger or would it not matter?
Answered on May 15, 2014
I would say alot depends on the Judge, how your credibility is perceived and the expert you chose. I have actually heard judges say they are surprised more of these claims are not made. Other judges are skeptical no matter who you present. I think these claims do increase settlement value though, because it raises the specter of a longer claim and a more difficult condition to accommodate.