Legal Question in Workers Comp in Pennsylvania

back problem

My back goes out periodically for no apparent reason. Recently it was out in July, went to physical theraphy for 3 weeks. So I continued to do my normal routine at home and work.....well it went out again only worse this time and now I need to have surgery. Due to my type of work and the likelyhood that my job caused it to flair up so soon again, is it possible to claim this work related beings i walk constantly all day, bend, lift from time to time and people grabbing onto my arms for support. We have no short or long term disability there.


Asked on 8/25/04, 8:36 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Re: back problem

First, you should IMMEDIATELY give notice to your employer that your back proble was either caused or aggravated by your work. The law requires that you give 120 days notice of any WC injury, but the longer you wait, the harder your case will be.

Second, you should know that your company's WC insurance company will almost certainly deny your claim, although there is a slim chance they will accept it. If you were injured in a specific incident, and immediately reported the injury, the insurance company might have agreed to accept the claim. If they do, you will be required to treat with one your employers' "panel" doctors for the first 90 days.

If the insurance company denies your claim, you will have to retain a lawyer (a good idea anyway) and file a Claim Petition. You will need medical support from your doctor, that your injury either resulted from work or was aggravated by work, and disables you. The problem is, a workers comp case takes between 8-12 months before you get a decision, depending where you live. This means that you won't get paid unless and until you win your case. The 3 most important things for you to do now are 1.give notice to your employer; 2. Make sure your doctor will support you; and 3. See a lawyer.

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Answered on 8/25/04, 10:12 pm


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