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Richard Alan Jaffe

Richard Alan Jaffe

Aggressively fighting for injured workers for 30+ years
  • Workers' Compensation, Social Security Disability/SSI
  • New Jersey, Pennsylvania
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Summary

One of Philadelphia’s best known and well respected Workers’ Compensation attorneys, Richard A. Jaffe has been representing injured workers and other disabled individuals for over 30 years. He concentrates his practice on Workers’ Compensation and Social Security Disability. A graduate of the University of Pennsylvania and Tulane Law School, he is licensed to practice in both Pennsylvania and New Jersey. He started the firm in 1994 and since then has aggressively fought for the rights of the injured worker in hundreds of cases in the Southeastern Pennsylvania area. He is an active member of the Workers’ Compensation Section of PaAJ, is a Sustaining Member of NOSSCR, and is on the Board of Directors of the Workers’ Injury Law & Advocacy Group for 2005 - 2017. Effective May 1, 2013 Richard is Certified as a Specialist in the Practice of Workers Compensation Law by the PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Court. Richard has been named to the PA Super Lawyer list 12 years in a row between 2006-2017. Effective May 1, 2013 Richard was Certified as a Specialist in the Practice of Workers Compensation Law by the PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 - 2017 in the fields of Workers Compensation.

Practice Areas
  • Workers' Compensation
  • Social Security Disability/SSI
Additional Practice Areas
  • Public Benefits
  • Car Accidents
Fees
  • Free Consultation
  • Contingent Fees
    Workers Compensation Cases : 20 % Social Security : 25% or $6000 which ever is less
Jurisdictions Admitted to Practice
New Jersey
Pennsylvania
Languages
  • English: Spoken, Written
Professional Experience
Owner / Memeber
Law Offices of Richard A Jaffe, LLC
- Current
Associate
Margolis Edlestein
-
Education
Tulane University School of Law
J.D. / Law (1985)
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University of Pennsylvania
B.A. / Major: Sociology ; Minor : Psychology (1981)
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Awards
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2017 in the fields of Workers Compensation
Best Lawyers in America
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2017 in the fields of Workers Compensation
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2016 in the fields of Workers Compensation
Best Lawyers in America
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 in the fields of Workers Compensation
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 in the fields of Workers Compensation
Best Lawyers in America
Richard was selected by his peers for inclusion in The Best Lawyers in America© 2015 - 2017 in the fields of Workers Compensation
Professional Associations
Pennsylvania State Bar
Member
Current
PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Court
Current
Certifications
Certified as a Specialist in the Practice of Workers Compensation Law
PA Bar Association's Section on Workers Compensation as Authorized by the Pennsylvania Supreme Court
Websites & Blogs
Website
PhillyWorkInjury.com
Blog
PhillyWorkInjury.com Blog
Legal Answers
36 Questions Answered

Q. Sudden pain when walking
A: I am sorry to hear about the problems that you are having with your alleged work-related injury and that after speaking with the Claims Adjuster, the Workers Compensation Carrier for your Employer has advised you that they will deny your Claim. It is unnecessary for there to be "trauma" for your injury to be considered compensable. If you have sustained an injury while in the course and scope of your Employment, it may be compensable if there is medical evidence to support the causal relationship between your disability and your work activities. There is a concept known as "cumulative repetitive trauma" which could occur as result of walking 8 to 14 miles per day with a 20 pound bag, however, in order to prevail in a Workers Compensation Claim, you would require unequivocal medical testimony from your treating physician to prove that Nexus. Just because the initial attorney that you spoke with did not wish to accept your case, should not prevent you from contacting another Attorney for their opinion. Accordingly, it is my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies.
Q. can employer change your hours to suit them?
A: I am sorry to hear about the injuries that you have sustained to your right arm and shoulder, however, it is somewhat unclear from your question as to what you are seeking. Assuming that you are actually working, despite the ongoing problems with your work-related shoulder/arm injury and are on modified duty as a result thereof, your Employer unfortunately is not required to provide you with work during your pre-injury shift. The issue is whether, or not, they are able to accommodate the restrictions placed upon you as result of your work-related shoulder/arm injury and subsequent surgeries and often the modified or light duty jobs may be at different times then you had worked prior to your injury. I also note that you are writing from Hyattsville, Maryland and therefore, it is unclear as to whether, or not, your being compensated pursuant to the Pennsylvania Workers Compensation Act, as amended or the Workers Compensation Act in Maryland. Assuming that your Claim is being administered pursuant to the laws of Pennsylvania, it is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation to discuss your rights and remedies. The initial Consultation would be Free of Charge, and most Attorneys in Pennsylvania will accept your Case on a Contingent Fee Basis.
Q. I had to quit my job after being injured -- can I still file a workers' comp claim?
A: I am sorry to hear about the problems you are having as result of your work-related injury, however, it would be impossible to answer your question without further information. In order to be eligible for Workers Compensation Benefits, your wage loss must be due to the work injury, and not some other circumstances. If your wage loss is due to your voluntarily quitting your job, you may file for Workers Compensation Benefits, but may only be eligible for medical benefits and not wage loss benefits. If it can be shown that your separation from employment was not voluntary, you may be eligible for both medical and wage loss benefits. Even if you did voluntarily quit your position, but your injury ultimately rendered you Totally Disabled; i.e. required surgery, you may then be eligible for wage loss benefits thereafter. It is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to schedule an initial consultation to discuss your rights and remedies. The Initial Consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.
Q. I have been off since July 20,2017. Have Dr. documented superior labral tear right shoulder,c4c5c6 damage with neck
A: I am sorry to hear about the problems you are having with your work-related injury to your shoulder and cervical spine. As previously noted, if your treating physician recommends that you undergo surgery to address either the Slap Tear or the herniated discs in your cervical spine, and there are no unreasonable complications to either procedure, and you "refuse" to follow your Doctor's recommendations, the Workers Compensation Carrier can file a Petition to Suspend your entitlement to Workers Compensation Benefits based upon the refusal of reasonable medical treatment. In my 31 years of practice, I have never lost such a Petition, and never recommend to my Clients that they undergo said procedures for the sole purpose of avoiding the filing of such a petition. Before taking any action, it is my recommendation that you discuss your case with a Certified Specialist in Pennsylvania workers Compensation Law to determine your rights and remedies, as well as discussing your medical situation with your treating physicians to determine what, if any, alternative courses of treatment are available and whether, or not, they would have a similar rate of success as the proposed surgical procedure. Please note that the Initial Consultation with said Attorney would be free of charge and most Attorneys except Workers Compensation Claims on a contingent fee basis.
Q. I have a lawyer, problem is many people list more complications from surgery . Can I wait to have surgery on future date
A: I am sorry to hear about the problems that you are having with your work-related injury, however, as you indicate that you are represented by an Attorney, these questions would best be posed to your current Lawyer. With that stated, there is a line of cases that holds if you refuse reasonable surgery that is designed to reduce or eliminate your disability; i.e. allow you to return to work with your without restriction, the Workers Compensation Carrier can file a Petition to Suspend your entitlement to Workers Compensation Benefits until you undergo said procedure. Frankly, this is a last resort and I never recommend to my Clients that they undergo surgery in order to avoid the Workers Compensation Carrier filing such a Petition. This is a situation that is best discussed between your medical providers and your Attorney to determine what is the best course of action for you, and what, if any, affect your decision will have upon your entitlement to ongoing Workers Compensation Benefits. If after discussing this issue with your current Attorney, you are not satisfied with the response you are certainly free to secure alternative counsel.
Q. Per diem
A: In order to be eligible for Wage Loss Benefits pursuant to the Pennsylvania workers Compensation Act, as amended, one must miss at least one week of work. If you miss between 8 and 13 days, you would only be eligible for those missed days. If your work-related injury results in your missing 14 days, or more, you would then be eligible to receive Wage Loss Benefits dating back to the initial day of disability. Assuming that your Employer has a List of Designated Physicians and had you sign the Requisite Notice of Employee Rights and Duties, you must treat with the physicians of your Employee's choice. If they continue to place restrictions upon you which your Employer is unable to accommodate, you may be eligible for wage loss benefits as noted above. If, however, you have been released to return to work without restriction after one week he would not be eligible for wage loss benefits for that missed period of time. Should your disability persist it is my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law. The initial consultation would be free of charge and most Attorneys except Claims on a Contingent Fee Basis.
Q. Can I sue my Workman's comp attorney?
A: I am sorry to hear about the problems that you are having with your Attorney, however, I do not believe that this situation require such drastic action as filing a Lawsuit against your Attorney. It is my recommendation that you continue to contact your Attorney regarding this outstanding medical bill, and further, advise the Collection Agency that this matter was resolved, is the responsibility of the Workers Compensation Carrier, and provide information including, but not limited to the identity of your Attorney, the Workers Compensation Carrier, and the Judge's Decision.
Q. Can you go to your primary doctor if your employer only gave you one health care provider for workers compensation?
A: In order to control an injured worker's medical treatment the Employer is required to establish a list of designated physicians including at least 6 medical providers identifying specific positions. Said List of Designated Physicians must be posted at a readily accessible place at the worksite. In addition, the Employer is required to have the injured worker execute the Requisite Notice of Employee Rights and Obligations at or about the time the injury is reported. If neither or both did not occur the injured worker is free to treat with a physician of his own choosing in accordance with the Medical Cost Containment Regulations. If your boyfriend has been advised that he is only able to treat with one physician, it is likely that his Employer has failed to comply with the aforementioned Regulations and he would be free to treat with his own physician. If, however, the Employer did comply with both pre-requisites your Boyfriend can still treat with his old position, however, the Workers Compensation Carrier would not be required to pay for said medical treatment. Again, if your boyfriend's Employer did comply with both prerequisites they are only able to control medical treatment for 90 days, unless surgery has been recommended within said timeframe. It is my recommendation that your boyfriend contact an Attorney who is a Board Certified Specialist in Pennsylvania Workers Compensation Law to discuss his rights and remedies for taking any action. The initial consultation will be Free of charge and most Attorneys accept Workers Compensation Claims on a Contingent Fee Basis.
Q. hurt knee 6/16 and returned to work 1/17, hurt neck 5/17. comp ins comp says my payments will be less this time. legal?
A: I am sorry to hear that you have sustained not only one but now to work-related injuries in the past year. There is case law that would hold that your initial injury and its Average Weekly Wage may apply to the 2nd injury so that you can "maximize" your entitlement to Workers Compensation Benefits by combining your pre-injury wages from the 1st injury. What your Employer and its Workers Compensation Carrier are doing are contrary to the cases that have interpreted Section 309 of the Pennsylvania workers Compensation Act, as amended which address your very situation. It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation. The initial consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis. Please feel free to contact my Office or any other Certified Specialist in Pennsylvania workers Compensation Law closer to your home.
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Two Penn Center, Suite 1922
1500 John F. Kennedy Blvd.
Philadelphia, PA 19102
USA
Telephone: (215) 496-9607
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