Legal Question in Workers Comp in Pennsylvania

My husband was hurt on the job about 4 and a half months ago and now has long term disabilities such as extensive back problems, the workers compensation insurance company has yet to offer him any sort of settlement. Should he get an attorney and try to pursue these benefits? What are his rights in this case?


Asked on 8/05/09, 1:10 pm

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Your husband is entitled to wage loss benefits as well as reasonable, necessary and causally related medical care as long has he remains disabled. The insurance company can challenge his entitlement to benefits at any time. For that reason allone, you should have an attorney.

As for a settlement, that is something that both parties must agree upon. It is rather early to be expecting a settlement. Regardless, you should have counsel before entering a settlement agreement. Otherwise you will not get top value for his claim.

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Answered on 8/10/09, 4:34 pm
Terrence Valko ERISA Disability Lawyer

Your lesser half will need to push the issue. File a Claim Petition, using an experienced Workers' Comp lawyer like Vince Quatrini in Greensburg or William Caroselli in Uniontown. If you are in Cambria County, call up Heath Long or Blair Pawlowski and tell them I sent you. Or else drive to Altoona, where we can discuss the case privately.

In short, Insurance companies need to be nudged; the way a buccaneer is nudged off the plank of a ship at the end of a sword. In your Husband's case, the Carrier has to appreciate the strength of the medical evidence of Mister's back injury as well as work-relatedness. Keep you doctor(s) and any co-workers or other witnesses happy.

Good Luck.

TV

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Answered on 8/10/09, 8:31 pm


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