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Questions Answered by Richard Alan Jaffe
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Does worker's comp pay lost wages for attending physical therapy during work hours?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Jan 26, 2018

Assuming that your Workers Compensation Claim has been accepted by the Workers Compensation Carrier and you would otherwise be entitled to Wage Loss Benefits, as opposed to merely accepting a "Medical Only" Claim the answer to your question will depend upon whether, or not, the physical... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was out of work on workers comp from 10/3/2017 thru 12/13/2017 with 4 broken ribs. Can I go back out of work

Because I am still having pain. My hours were cut drastically when I returned. If I go out again would I get the original amount of $ or would they revise the amount according to the few hours I work now ? Also, can I get back pay for the hours that they took from me?

Richard Alan Jaffe
Richard Alan Jaffe
answered on Jan 10, 2018

I am sorry to hear that you are still experiencing pain from the 4 fractured ribs that you sustained in October, 2017 while in the course and scope of your Employment.

Before I can properly answer your question, I will need to know the mechanism by which your Workers Compensation Benefits...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If you are injured on the job and have sick time are you required to use it? and why?

After having a few days off(required by their workers compensation doctor) if you are still in pain, what happens next? My HR people are very slow to help with the Specialist I need to see under that umbrella.

Richard Alan Jaffe
Richard Alan Jaffe
answered on Dec 28, 2017

In order to be eligible for wage loss benefits, after sustaining a work-related injury, you must miss at least 7 days from work. If you are out of work more than 7 days, you would then receive wage loss benefits for days 8 through 13 and if out of work 2 weeks, your entitlement to wage loss... Read more »

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3 Answers | Asked in Workers' Compensation, Constitutional Law and Social Security for Pennsylvania on
Q: how can a WCJ rule on a second LMS with out a change in evidence

The same vocational evidence meaning my education and transfer skill, work experience has not changed. The only thing that changes is the Vocational Expert opinion that I could make more money. Employer is asking the WCJ to rerule on a case already adjudicated in a more harsh manner.... Read more »

Richard Alan Jaffe
Richard Alan Jaffe
answered on Dec 12, 2017

Unfortunately, the Workers Compensation Carrier is entitled to file "serial" Petitions as long as they can show a change in condition and the subsequent Petitions are not barred by the doctrine of res judicata; i.e. litigating that which has previously been litigated.

Assuming...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is my employer responsible to compensate me when going to therapy when I have a work related injury but still working?

Working night shift and going to therapy during the day

Richard Alan Jaffe
Richard Alan Jaffe
answered on Dec 8, 2017

The issue of receiving wage loss benefits is somewhat tricky. If you have returned to work after a work-related injury and your Claim has been accepted by the Workers Compensation Carrier you are only entitled to wage loss benefits for missing time from work if the medical provider or physical... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is there a minimum amount of time I need to be employed by a company before I qualify for worker's comp?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Nov 26, 2017

As long as you sustained an injury that occurred while in the course and scope of your Employment with your Employer you would be eligible for Workers Compensation Benefits. If you do not lose any time from work, you would be eligible for medical benefits. If your injury resulted in your inability... Read more »

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2 Answers | Asked in Workers' Compensation and Social Security for Pennsylvania on
Q: What might happen when the employer's doctor says fully recovered and Social Security approves a disability claim?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Nov 21, 2017

The standards for "Total Disability" are different for Social Security and Pennsylvania Workers Compensation.

Just because a IME physician opines that you are fully recovered from your work-related injury, does not mean that this Opinion would be accepted by a Workers Compensation...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: How do I go about settleing out of court

And they are uninsured

Richard Alan Jaffe
Richard Alan Jaffe
answered on Nov 9, 2017

Unfortunately, it is difficult to answer your question without further information.

If you sustained a work-related injury and your Employer does not have Workers Compensation, you can always attempt to "settle" your Workers Compensation Claim with your Employer, however, it is...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I am a warehouse worker. I got injured at work. I don't know my rights.

If I go through workers compensation, will it affect my record for the future opportunities for similar jobs? Would I lose my current job that I got injured while doing if I go to workers compensation for medical attention?

Richard Alan Jaffe
Richard Alan Jaffe
answered on Nov 5, 2017

I am sorry to hear about the injury that you have recently suffered while in the course and scope of your employment. It is illegal for your Employer to fire you in retaliation for instituting a Claim for Workers Compensation Benefits, however, unless you are a Union Employee, you may be Terminated... Read more »

1 Answer | Asked in Workers' Compensation, Child Support and Immigration Law for Pennsylvania on
Q: My children father is not a us citizen and does not have his paper can i take him for support and will he get deported
Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 27, 2017

Please note this question was asked in the wrong forum/category. This would best be asked of a domestic relations attorney.

Good luck

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Work injury broken right foot, can't drive. Who is responsible for transportation?

I have been using Lyft or Uber to get to injury related appts as well as food shopping. Now I have been offered sedentary position at work. If my work injury prevents me from driving shouldn't workers comp provide transportation. Lyft and Uber cost a fortune. I spent 90 dollars for my first... Read more »

Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 24, 2017

I am sorry to hear about the problems that you are having with your work-related injury, however, in order to properly answer your question I would require additional information.

If you have sustained a work-related injury that prevents you from driving, and your "release to return to...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Sudden pain when walking

I was walking from my job and got A-sharp pain down my leg that proceeded into my foot then 1/2 my foot got numb I want to the ER with my supervisor following Monday workman's comp called me and made me do it recorded statements I was told after he was done recording about it would be the... Read more »

Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 12, 2017

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...
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2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: can employer change your hours to suit them?

was injured on the job had two surgerys for my shoulder/arm (right) still not fixed now on dr #2 first dr left practice in more pain now than I was before his two surgerys and my arm is still not fixed.

Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 10, 2017

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...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I had to quit my job after being injured -- can I still file a workers' comp claim?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Sep 29, 2017

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...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I have a lawyer, problem is many people list more complications from surgery . Can I wait to have surgery on future date

Or elect for alternate treatment.surgery will put me out even longer as I go broker

Richard Alan Jaffe
Richard Alan Jaffe
answered on Sep 27, 2017

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...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have been off since July 20,2017. Have Dr. documented superior labral tear right shoulder,c4c5c6 damage with neck

What happens if I decide to not have the surgery.

Richard Alan Jaffe
Richard Alan Jaffe
answered on Sep 27, 2017

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...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Per diem

I recently got stitches in my hand from on the job accident. However doctor put me on light duty for a week. Iam per diem but scheduled for friday and they took me off the schedule without pay. I did get treated under workers comp.I've been with this employer for 10 years. What do i do?

Richard Alan Jaffe
Richard Alan Jaffe
answered on Aug 31, 2017

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... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I sue my Workman's comp attorney?

Case settled in 2016 I received a medical bill which was incurred while on workman comp I notified my attorney. It has been 3 months since I notified my attorney he keeps saying his paralegal is going to take care of it. In the meantime I have been sent to collections. It seems to me he is just... Read more »

Richard Alan Jaffe
Richard Alan Jaffe
answered on Aug 30, 2017

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...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can you go to your primary doctor if your employer only gave you one health care provider for workers compensation?

My boyfriend is a mechanic that works for Firestone. He recently got his hand crushed underneath a tire machine. His employers only gave him one health care provider and he wants to get a second opinion on his injury. Is he able to go to his own primary doctor considering that his job only gave him... Read more »

Richard Alan Jaffe
Richard Alan Jaffe
answered on Aug 5, 2017

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... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Employer call the police after I pick up a paper he tried to make me sign refusal of additional medical treatment

Try to get me arrested for pick up the paper and walking out police came and told me I have to leave workers comp insurance claim

Richard Alan Jaffe
Richard Alan Jaffe
answered on Jun 13, 2017

Again, sir, I am sorry to hear about the problems that you are having with regards to an alleged work-related injury, however, it is unclear from your question as to what has occurred, and what remedy you are seeking.

I once again urge you to contact an Attorney who is a Certified...
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