How Long Can I Get PA Workers Comp

Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court

CERTIFIED WORKERS
COMPENSATION
SPECIALIST:

Strain and Sprain

Can I Sue My Employer?

Can I Sue Company Doctor?

Myofascitis

Notice Ability Return to Work

Lumbar Stain

Ins. Co. Trying to Stop Comp

Cervical Strain

Notice Stopping Temp Comp

Thoracic Strain

"Case Manager" on My Side?

Thoracic Outlet Syndrome

Vocational Interviews

Brachial Plexopathy

Lawyer Timothy Kennedy | Featured Attorney Workers Compensation

Labor Market Surveys

Torn Meniscus

Earning Power Assessments

Tendonitis

How Long Can I Get Comp?

Epicondylitis

SERVING ALL OF PA FROM SUBURBAN PHILADELPHIA AND REGIONAL SATELLITE OFFICES

Impairment Rating Evaluations

Rotator Cuff Injury

Can I Retire on Comp?

Orthopedic Injury

Can I Accept a Pension?

Neurologic Injury

Supersedeas Requested? Huh?

Hernia

What is a Fair Settlement?

Metatarsal Fracture

            Pennsylvania Workers Compensation could theoretically extend for as long as you remain disabled, potentially for life. This is extremely unlikely, however, in light of some features of the Act that make it easy for insurance carriers to limit the maximum time a claimant may collect wage loss benefits. In most cases, even a claimant with a very good attorney and very strong medical support for even the most serious serious injuries is likely to have an absolute cap on wage loss benefits of approximately 602 weeks -- 11.6 years. See our page on Impairment Rating Evaluations to undersand why. In current practice, it is exceedingly rare for a claim to remain open for anything like that length of time, even for very serious injuries.

             In many scenarios, medical benefits can extend beyond the period of wage loss benefits, but insurance carriers use many tricks and mechanisms under the Act (or even outside of the Act, where they can get away with it), to limit both the duration and the scope of medical benefits they will pay for an injured workers' injuries. Again, in theory, medical benefits could be made to extend for life. More commonly, a significant medical exposure for a workers compensation carrier is a matter for dispute, and ultimately a matter for a lump sum settlement.

              Specically, insurance carriers will always limit the scope of their exposure for medical benefits by attempting to describe the acknowledged work injury as minimally as possible. They will call a herniated a disc a mere "strain and sprain." They will call a torn rotator cuff a "shoulder strain." They will call a serious repetitive strain injury such as carpal tunnel syndrome or de Quarvain's tenosynovits a mere "wrist contusion" or "thumb contusion." They will then pick and choose what medical bills to pay, and eventually will decide to deny medical billing on argument that the doctor is attempting to treat a diagnosis "outside the scope" of the "accepted" work injury. Having a skilled attorney in your corner may discourage the insurer from picking this kind of fight, or may help you to find doctors who will treat your real injury instead of only the limited injury formally recognized by the insurance company, but eventually the true scope of your injury will be a matter for dispute, often formally at issue in litigation before a workers' compensation judge.

           Even when you have proved the true nature and scope of your work injury, the insurance carrier may refuse payment of billing. They will refuse prior approval when a new doctor or test facility or other medical provider calls to confirm the status of the claim. They may lie and say that the claim is "closed" or give other false or misleading information to potential providers to discourage them from offering treatment -- all on the argument that the Worker's Compensation Act does not require them to "pre-authorize" treatment, but instead makes all of the insurance carrier's obligations flow from their first receiving a bill.

           If a claimant's medical providers are supportive enough to offer treatment despite actions by the insurer to lead the provider to believe they will not be paid, more tricks may follow. Insurer's can submit bills for "utilazation review" and thereby avoid paying the provider for months, during which the provider has to jump hoops to follow certain legal requirements in a formal process where mostly insurance carrier oriented peers review their billing and all treatment records to determine whether or not the treatment at issue is reasonable and necessary. Most often, the insurer will make this assessment apply not only to the bills that have been generated, but all future billing by that medical provider. This gives the insurer a way to freeze payment on that provider's medical billing for months, or even a solid year, at a time. Even if the treatment is found to be reasonable and necessary, the legal process for reaching that determination can be so burdensome that the mere threat of a utilization review will result in the medical provider being unwilling to continue, or perhaps even to start, medical treatment.

        For all of these reasons, it is necessary to have a strong attorney in your corner fighting for both your access to ongoing compensation and your access to medical treatment in any long-term claim. A skilled attorney may be able to fight back against insurance company moves to cut off or limit the length of time you receive wage loss and medical expense benefits. A good lawyer can also work to both protect and advance your rights in such a way that the insurance carrier recognizes the true lump sum value of your claim -- often allowing you the option of a large settlement.

        At The Law Offices of Timothy Kennedy, we will fight for what is best for YOU, to maximize your time on workers compensation benefits when in your best interests or to obtain a maximum, full value lump sum settlement of your rights if the amount is satisfactory and if you prefer the freedom to move on with your life with an adequate sum in your bank account and without an insurance carrier looking over your shoulder.

         Call us today at 484-453-8144 to learn what we can do to protect and advance your rights.

How is Lawyer Paid?

Back Injury

What is "Heart and Lung" Act?

Neck Injury

Compromise and Release

Closed Head Injury

Commutation of Benefits

Concussion

Subrogation

Other Work Injuries

Philadelphia Suburbs:
90 S.Newtown Street Rd,
Newtown Square PA 19073
(610) 924-5667

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1700 Market Street
Suite 1005
Philadelphia PA 19103
(215) 559-5003

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CLIENT TESTIMONIALS:

I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
                - B (Workers Compensation client)

"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
                - Michael (Workers Compensation Client)

Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
                -Trina (Workers Compensation Client)

Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
                - Current Workers Compensation Client

As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
                -Tim Kennedy
                (484) 453-8144

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