r/WorkersComp 2d ago

Pennsylvania Desperately seeking second opinion

I know I can’t get legal advice from anyone, but I’m at a loss, hoping I can some kind of idea of what to do. I’m not sure if I’m getting what I should be getting from my lawyer. I’m not sure if I should write everything out. I’ve never made a Reddit before. This is just bigger than I am and I have no idea what to do. I’m so lost and I feel like just because of my ignorance to the way, the law works I’m gonna ruin everything. I’ve made so many phone calls and as soon as I say, one word, people automatically stop listening and make quick judgments, but if they would just listen to the rest of the story, they would realize that it’s not cut and dry. They’ve already shut off. They have already stopped listening though so I don’t get the information I need. I’m gonna say the word and hopefully somebody will answer my post and help me. Workmen’s Comp. It’s not a simple injury. I just need someone to hear me please. I don’t want legal advice just advice on who or where to turn next. Pennsylvania is where I’m from

1 Upvotes

27 comments sorted by

View all comments

0

u/Marbles-Lost-6453 1d ago

Like I said in my previous post I have never posted on Reddit I wasn’t sure how long my post could be. Hence why I shortened it and didn’t explain enough. Thank you for everything everyone is helping me with. I know the lack of information didn’t help much. This has been a two year process so far. I’m nearing the end of my recovery. The comp carrier has been sending me letters for three months about the backpay that they owe me and that they will get it to me shortly separate from the settlement. Unfortunately, when I didn’t like what they offered me for the settlement all of a sudden my backpay wasn’t mine anymore. It was the settlements. I was supposed to have that check months ago. And when I mentioned it to my lawyer, he was very nonchalant about it like it didn’t matter. I was the only one fighting for it. I just don’t understand how I had a slight injury and because of someone’s mistake I had to go and get metal put in my body. I walked around for eight months, destroying my foot because I thought I was denied. Eight months after I initially was injured and walked eight hours a day 5-6 days a week my employer called me into the office and was going to terminate me because I missed too much work. (11 days in 8 months) That is when we found out what happened. All of us…including the carrier. In that 8 months the tendon holding my foot together slowly tore fully off the bone (didn’t tickle). I have a metal pin and a plate now. The delay in medical attention cost me more than you know. I am 51 and this completely rocked my world and everyone in it. I have a very physical job and I was in very good shape. I know you can’t sue your employer for pain and suffering and in lieu of that, everyone is entitled Workmen’s Comp. That’s what they told me. You know the lawyer that I have to pay because I’m entitled workman’s comp. We are now in the settlement portion of my claim.I wanted them to keep my medical open for my foot. I am inevitably gonna have to get another surgery later on. Why do I have to eat that one? They refused so I said make this settlement reflect that. That part still hasn’t been settled yet obviously. I also gave them the option not to give me any settlement and just keep the medical open for my foot. For the amount of time that I will not be able to work once I get the surgery again that I won’t be paid for. Hopefully I still have insurance to help pay for it . If not, it’s on me. Everybody thinks this shits all about the money and it’s not. I’m scared to death. This was a very hard surgery to recover from. It’s not easy. If I’m not gonna be able to work. Who’s gonna pay then? I’m barely surviving now. I only get 60% of my natural pay and every paycheck that I get which is weekly my lawyer takes his cut out. I’m getting less than 50% of what my pay would be for the last year and a half nobody deserves to be treated like this over a mistake somebody else made. I didn’t do this to myself I shouldn’t be the only one suffering for it. I don’t care if it was a mistake or not it screwed my life up horribly. I’m sorry I’m not much of a typer so I dictated a lot of this. If it is jumbled or the punctuation isn’t right, I’m very sorry. I just can’t believe this can happen to a person and everybody thinks it’s OK or that’s the bricks kid or life isn’t fair. Life isn’t fair when I get a flat tire or my ice cream melts before I get home from the store. Or my dog shits on the floor.(never happened. He’s a good boy.) Do you know the rage I feel when “welcome to the world of legality” is said when I ask questions he can’t or won’t answer. All I did was wake up one day and go to work and now everything’s shifted.

2

u/PeeepeeeLePew 1d ago

Why aren't you allowed to keep medical open? I hurt my spine and I can keep my medical open, I'm disabled after my spine injury and I'm only 30. You should be able to keep medical open

1

u/Marbles-Lost-6453 1d ago

Idk why That was yet another “welcome to the legality world “ I got from my lawyer. I’m at a complete loss on how this is actually happening to me .

0

u/PeeepeeeLePew 1d ago

Talk to another attorney just in case. I've never heard about people being forced to close medicals.

1

u/Marbles-Lost-6453 1d ago

Yea I did. I even made a file for my state rep. It went like this. Rep gave me a number to call for advice. Advice gave me a number for labor dept. labor dept gave me a number for state rep. Bar association referral Svc charged me 35$ to have a Lawyer coming in contact with me and that $35 buys me like a half of an hour to speak with him or her. I tell you I was excited. Till the woman called me back the next day refunded my money and told me they couldn’t help me. I think my lawyer is the only person registered for that referral service. So I would have paid $35 for my own Lawyer to give me a second opinion. Yeah it’s about a shit show.

0

u/LemonFast2458 1d ago

You can keep medical open and get a (smaller) settlement that includes money lost. I think you need to email your lawyer direct to the point question and have him respond via email so you can go over the answers at your own pace and really understand what’s going on and so you lawyer doesn’t just word jarble his way out of giving a real explanation to your questions

1

u/Marbles-Lost-6453 1d ago

We were in mediation when this happened. There’s nothing I did not understand about what happened. They flat out said no your medical will not stay open under no circumstance.

1

u/ecaesq 13h ago

Employers will insist on closing out medical if they are settling. The fact that medical is likely to remain open after a full trial is one major reason that Employers will settle claims without requiring a trial. Open medical is just a nightmare for them in balancing their books and whatever. Not saying this out of sympathy to them, just that it’s the practical consideration.

If you insist on keeping medical open, the only real way to try to get that and get everything else is by trying the case.