Carpal Tunnel & Other RSI Claims: What Injured Workers Need to Know Carpal tunnel, tendonitis, and other repetitive-stress injuries are fully compensable, but they are harder to prove than accidental injuries. Here’s how we build these cases. The Detail The statute of limitations on an RSI claim runs from the date you are diagnosed and…
SSDI Offset: Coordinating Workers’ Comp and Social Security Disability Many injured workers qualify for both workers’ comp and SSDI. The trick is structuring the comp settlement so the SSDI offset does not destroy the lifetime benefit. The Detail The combined workers’ comp and SSDI benefit cannot exceed 80% of pre-injury average current earnings. When they…
Understanding the IRE in Pennsylvania Workers’ Comp The Impairment Rating Evaluation is the single most impactful event in many PA workers’ comp cases. Here’s how it works — and how we challenge it. The Detail At 104 weeks of total disability, the PA insurer can request an IRE. A rating below 35% whole-person impairment converts…
Can I Be Fired for Filing a Workers’ Comp Claim? All four states we serve prohibit retaliatory discharge for filing a workers’ comp claim. Here’s what to do if it happens to you. The Detail Retaliatory discharge is a separate cause of action on top of the workers’ comp claim. Document timing carefully: when the…
Workers’ Comp vs. Third-Party Claim: Why You Might Need Both Workers’ comp covers medical and two-thirds of lost wages but not pain and suffering. A third-party claim fills the gap. The Detail If a negligent party other than your employer caused or contributed to your injury — a subcontractor, equipment manufacturer, negligent driver, property owner…
The IME Trap: What to Expect from a Defense Medical Exam Independent Medical Examinations are not independent. Understanding the IME playbook is the first step to defeating it. The Detail IMEs are paid for by the employer’s insurer and performed by a small number of doctors who receive the vast majority of defense work. Their…
How Much Is My Workers’ Comp Case Worth? Case value depends on four variables: severity, wages, return-to-work ability, and defensibility on causation. This post explains how to estimate your case’s value. The Detail A straightforward back strain that resolves in six weeks is worth very little as a lump-sum settlement. A shoulder tear that requires…
5 Things to Do After a Work Injury in PA, NJ, NY, or MD Injured at work? These are the five things you need to do in the first 24 hours to protect your claim. The Detail Report to your supervisor in writing, get medical care, document everything, keep copies of every piece of paper,…