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The Law & You

My Employer is Disputing My Workers’ Comp Claim. Now What?

The Law & You
October 5, 2018

The Law and You

My Employer is Disputing My Workers’ Comp Claim. Now What?

A viewer’s doctor says a viewer can’t return to work for six months after breaking his ankle. With his employer disputing his workers’ compensation claim, what are his next steps?

Dave Kuharchik: It’s time for “The Law & You,” featuring the area’s premier attorneys Greg Fellerman and Ed Ciarimboli. They’re nice and comfortable here in the virtual law center, ready to rock tonight.

Ed Ciarimboli: We love it. It makes us feel look skinnier.

Dave: Takes the pounds off.

Greg Fellerman: Anything helps.

Ed: Anything helps.

Dave: All right, here’s our question tonight and this involves Ben in Williamsport. He says, “I broke my ankle at work and my doctor says I can’t return to work for six months. My employer is disputing the claim. I thought I would get workers comp?” Can he get that or is this not for Ben?

Ed: Well no, you can get workers comp but the problem is going to be now the employer is saying you can work. Your doctor is saying you can’t. So the employer is going to file a petition to disputing your claim. And until a judge decides in your favor, they may not have to pay your benefits. So, this is why we always say you’re going to have to get an attorney that’s going to advocate on your behalf to make sure that you can ultimately get your workers compensation.

Greg: And this is the crazy fight we get all the time. So, in workers compensation, you have a treating physician says you’re unable to do your job and you get an insurance company saying you can. At the end of the day, they will hire a doctor to come and make that decision for them. But the judge will hear both sides to hear from your doctor, from their doctor, and he’ll make a credibility decision who he believes. And with a broken ankle, they’re one of the worse injuries you can get from a recovery standpoint. So, more likely than not, you’ll win. But this is why you need lawyers involved ASAP with these files because it becomes very adversarial quick. And then people don’t know and they’re scrambling. It’s good to pick up the phone early on these.

Ed: Absolutely.

Dave: All right, and the way to do so is to reach out to the guys about the number or website on your screen. And don’t forget results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys, it’s always a pleasure.

Ed: Thank you.

Greg: Always a pleasure.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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