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Questions Answered by Timothy Belt
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Reciving part work comp.then Hospitalized 4 covid,now on short term disability.Does workers comp owe me up to weekly avg

On partial workers comp. I am working 40 to 45hrs

My normal is 55+ therefore I receive a partial workers comp check every week. 2/3 of amount below my average weekly rate.

I contracted covid and was hospitalized for 2 weeks and am now on short term disability (paid for by my... Read more »

Timothy Belt
Timothy Belt answered on Dec 23, 2021

Since you are out for a reason other than the work injury, you would not be entitled to payment of the full rate. However, assuming your restrictions and the availability of work has not changed, you should be entitled to continuation of the partial wage loss benefit that you were receiving.

Q: EEOC Notice to Sue Letter ends November 27th

Workers compensation, work-related injury, fired because I reported sexual harassment while on the job. Received EEOC Notice to Sue letter scheduled to end November 27th. I need representation.

Timothy Belt
Timothy Belt answered on Nov 10, 2021

Use the "Find a Lawyer" function at the top of this page to locate attorney's in your area.

2 Answers | Asked in Employment Law, Personal Injury, Sexual Harassment and Workers' Compensation for Pennsylvania on
Q: Hired seasonally, then hired permanently to be fired for reporting sexual harassment, and sustained a work injury.

My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... Read more »

Timothy Belt
Timothy Belt answered on Nov 10, 2021

I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: if you get injured at work and off on workers comp can you still sue for you injuries

fell off a ladder at a property while doing my job

Timothy Belt
Timothy Belt answered on Oct 6, 2021

If you are injured at work, your only remedy against your employer or a coworker would be through workers' compensation. If you are a sub-contractor, or if your employer does not have workers' compensation insurance, you may be able to pursue a personal injury claim against them... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Hi I have a Work Comp case currently the questions I have, what do you do when you haven't talk to your attorney

In months and they haven't responded to you about your case moving forward

Timothy Belt
Timothy Belt answered on Sep 20, 2021

Call them up and demand a meeting. If they refuse, you have a right to take your file and go to another firm. The claim is yours, not the attorney's.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: C & R does not state anywhere the defense has paid Medicare over 30,000 in medical. how can I push to include on pag 1

I am expected to sign a C & R that does not include any amount paid to Medicare for the health costs for the direct result of assault. They take no responsibility for this. I understand they need to put this in somewhere on the C & R. They do not want to do this, they don't want... Read more »

Timothy Belt
Timothy Belt answered on Aug 17, 2021

I believe I responded to you before. It is up to you. You can sign the agreement and take the risk in regard to the medical issues, or you can try to renegotiate the terms. If unable to renegotiate the terms, you can move forward to decision and take the risk that you will lose. I would suggest... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Do I contact Disciplinary Board of Supreme court of PA, or Attorney General. Or both? Or who can review the work comp

I believe my lawyer, is settling for money, although the defendant denies I was hurt at work or they will /have paid any medical expenses. I have a clients information and a report filed on the date of my assault, their doctor wrote I could have received the chronic hematomo on that date. My... Read more »

Timothy Belt
Timothy Belt answered on Aug 16, 2021

First, your lawyer cannot settle without your agreement, so if you want to take the risk that you may lose in taking your claim to decision, you do not have to settle.

Second, all terms of the settlement should be within the C & R agreement. Read it carefully. If it says that Medicare...
Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »

Timothy Belt
Timothy Belt answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... Read more »

Timothy Belt
Timothy Belt answered on May 6, 2021

In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: work injury took 17 days before management gave me a form for an accident report

first I was told to go to an urgent care the following week even though my supervisor saw the incident happen and was not told to report it, paid out of pocket, then from there the doc report said it was WC said work but has to follow with occupational doc, never heard from WC until she called to... Read more »

Timothy Belt
Timothy Belt answered on May 1, 2021

Assuming your employer is not self insured and has actual insurance, the change in ownership will not change the carrier's obligation to make proper payment for an accepted claim. Whether or not this is an accepted claim is a different question. It sounds like the employer and possibly the... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt answered on Apr 22, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim for... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt answered on Apr 18, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I was given a doctors note to be off work due to carpal tunnel caused by my job. It's been 20 days and I have not heard

from employers W.C. carrier? How long does the employer have to accept or deny my claim?

Timothy Belt
Timothy Belt answered on Oct 8, 2020

The employer and/or it's workers' compensation carrier only have 21 days to accept or deny your claim. If they fail to do so, you will need to file a Claim Petition and prove that you suffered an injury in the course and scope of your employment resulting in wage loss. This is a... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can my employer withhold overtime work due to being on light duty for workers comp?

I drive a school bus in the morning and afternoon. Between my routes I am on light duty instead of doing strenuous work on a labor assignment. They won't let me work overtime driving a bus.

Timothy Belt
Timothy Belt answered on Oct 7, 2020

They do not have to let you work overtime, but you may be entitled to temporary partial disability wage loss benefits through workers' compensation to make up the difference. I would suggest that you talk to a local workers' compensation lawyer about your rights and options.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Hello, I was attacked at work and got bitten, I’m a CNA. I want file for emotional distress/pain and suffering.

Is this possible I wanted to get advice on how to approach this

Timothy Belt
Timothy Belt answered on Jul 5, 2020

I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Workmans comp settlement severe tbi

for me?

we are currently in a workmans comp case severe tbi. They are trying to settle for 80.000 but he is still suffering and he did not receive the proper treatment due to the dr and scheduling and were advised by our current lawyer to remain with them. My problem is he is getting worse... Read more »

Timothy Belt
Timothy Belt answered on Apr 27, 2020

Since you are a represented party, no one on here can ethically provide you with legal advice. I can tell you that your lawyer is in the best position to evaluate the strengths and weaknesses of your case. If you are not confident in your attorney, you are free to change attorneys. However, if... Read more »

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7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Timothy Belt
Timothy Belt answered on Dec 5, 2019

This may be a workers' compensation claim despite the fact that you were not on the clock. It would depend on why you were at the facility at the time of the accident. Since workers' compensation pays both wage loss and medical, I would suggest that you call a workers'... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I sustained an injury at work doing tasks outside normal scope of work. Company DR cleared me but I'm still in pain.

I was cleared full duty after one visit but what makes my injury hurt the most is sitting which is 90% of my job.

Timothy Belt
Timothy Belt answered on Nov 15, 2019

You should have received a list of doctors to pick from in regard to your treatment. If you did not receive this list, you are free to see a doctor of your own choosing. I would suggest that you contact a local workers' compensation lawyer to discuss the specifics of your case and the... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What happens after your unemployment runs out and no one will still hire you I’ve been applying for jobs for 6 months

Work at the same facility for 25 years and got let go because of restructuring

Timothy Belt
Timothy Belt answered on Sep 5, 2019

You posted your question under workers' compensation. Were you injured at your former employer before the restructuring? If so, I would suggest that you contact a local workers' compensation attorney as soon as possible.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: i was hurt on the job on 11/22/1018 i told employerr by feb 10 and have not heard back from them i am going to doctors

i am in therapy and my injury they say cant be fixed i m in a lot of pain and i kept asking the employer when they where going to do something they done nothing but try take my unemployment away where do i go from here

Timothy Belt
Timothy Belt answered on Aug 26, 2019

You should have received a document accepting or denying your claim within 21 days of providing your employer with notice. It has been more than 6 months, so I seriously doubt your employer is going to do anything on their own. Contact a local workers' compensation lawyer in regard to filing... Read more »

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