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Questions Answered by Richard Alan Jaffe
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Work injury on 27 March 17 didn't believe me was asking to sign paper didn't sign it pick up left office police was

Called try to get me arrested for taking the paper manager call my phone threatening me was deined my claim

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

I am sorry to hear about the alleged work-related injury occurring on March 27, 2017, however, your question is unintelligible and therefore, I am unable to respond.

If you have a Workers Compensation Claim and your Employer has Denied same it is my recommendation that you promptly contact...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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?

comp says because i was not back to work long enough my weekly payments will go from $780 per week last injury to $440 this time does this sound right or somthing it should look into further?

Richard Alan Jaffe
Richard Alan Jaffe
answered on Jun 6, 2017

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...
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3 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: Can I sue my ex employer, they fired me days after my accident but call me back next day.

My employer fired me days after my accident claiming that I filed for workers comp, when they took me to the clinic after having my head injury. They call me back next day but they keep me working without restrictions on full duty. Weeks after they stop paying me, I missed a few days for doctors... View More

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

I am sorry to hear about all the trouble that you are having as result of your work-related injury.

It is somewhat unclear as to what transpired, as well as what type of Benefits you are seeking; i.e. Workers Compensation Benefits and/or Unemployment Compensation Benefits.

It is my...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: My doctor put me on permanent restrictions . Job is working me out of those restrictions what can I do.
Richard Alan Jaffe
Richard Alan Jaffe
answered on May 5, 2017

I am sorry to hear that your Employer is not abiding by the restrictions placed upon you by your Treating physician.

Assuming that your Workers Compensation Claim has been accepted, your Employer should either be accommodating your restrictions or putting you back out on Workers...
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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Do workers comp payments come monthly or in a bigger amount all at once?
Richard Alan Jaffe
Richard Alan Jaffe
answered on May 5, 2017

Workers Compensation Benefits in the State of Pennsylvania are to be paid at regular intervals, in the same fashion in which you are paid, prior to your injury. For example, if you were paid weekly, you should receive a weekly Workers Compensation Check, and if you are paid by-weekly, your Workers... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I relocate to another state if I am still receiving payments and medical benefits from an injury dated 10/12/1998?

I have been living in Pennsylvania since 2003 and still travel back to NY for follow up and prescriptions with my spine doctor every 3 months. NY's new prescription law has made the trip more costly and time-consuming. I am considering re-locating to Texas to be near my daughter as I find I... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on May 2, 2017

This question would best be posed to and Attorney who handles New York Workers Compensation, rather than an Attorney who handles Pennsylvania Workers Compensation as each state's Workers Compensation laws are different.

Typically, when a client of mine inquires as to whether, or not,...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: on workers comp in pa . i want to jobs .what do i need to know

i want to take a job out of my trade cause . i wont be able to do the job. auto detailer. if i change jobs while have claim open. what goes on pros and con please

Richard Alan Jaffe
Richard Alan Jaffe
answered on Apr 6, 2017

Pennsylvania is a "wage loss" state and as such, if you are unable to perform your pre-injury job and find alternative employment in a less strenuous position you will be effecting the "value" of your case depending upon your current earning capacity. For instance, if you were... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Judge ordered back benefits to be paid by insurer and reasonable medical treatment. Its been 41 days without a check.

I live in Pennsylvania, from what I understand they have 20 days to pay the back benefits. My lawyer contacted their lawyer and he has no idea what the deal is with the insurer and why they have't paid. My lawyer is filing penalties against them as we tried to make contact several times with... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Apr 4, 2017

I am sorry to hear the problems that you are having with your Workers Compensation Claim.

As you are represented by Counsel, these questions are better opposed to your Attorney.

Under Section 406.1 (a) of the Act, the Workers Compensation Carrier is required to make payments within...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: My work compensation said thepay wages for six weeks in a fingertip amputation only, and I need follow up surgery?, and

They will not cover wages for lost time.

Richard Alan Jaffe
Richard Alan Jaffe
answered on Apr 1, 2017

As noted by Mr. Belt, amputations are covered by the "Specific Loss" provisions of the WC Act, and if your injuries are limited to that amputation, you would only be eligible for the "Healing period" and the number of weeks of disability relating to 1/2 of the affected finger... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Thank you,the question from the PA unemployment woman was did they lay you off or did you quit

I said really neither,that I was unable to return to work with the injury I received at work and there is no light duty and I needed surgery,she kept going back to say when you filled out your claim for payment biweekly online that I checked I am available for work,I explained to her again yes but... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Mar 19, 2017

Rather than constantly asking questions about your situation on this website, I believe you would best be served by contacting an Attorney who is a Certified Specialist in Workers Compensation Law to discuss your rights and remedies.

The Initial Consultation would be Free of Charge and most...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Thoughts on getting injured working for a subcontractor who's coverage didn't cover me

Contractor is from NJ and did not have workers comp covering me as a PA worker living and working in PA on a commercial project,policy only covered his NJ employees working in NJ or traveling,Claim was denied by insurance company due to this.

You think the best measure is going after the... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Mar 14, 2017

I am sorry to hear about the injury that you sustained while working in Pennsylvania, for an Employer from New Jersey who apparently did not have out-of-state coverage for you.

Assuming that you did, in fact, sustain a work-related injury while working in the State of Pennsylvania and have...
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2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: WC, post 2nd surgery. 1st surgery off for 8 weeks. 2nd surgery so far 4 weeks. The pain has not resolved.

Was told today if I don't return to work next week my position will be posted and I "will have to seek other employment". What are my options? Also how can I be fired while out per my surgeons orders and this is Workers' Comp?

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

I am sorry to hear about the problems that you are experiencing as result of your work-related injury.

Unless you are a Member of a Union, or have been approved for FMLA, being on Workers Compensation does not guarantee that your Position will be there when you are recovered sufficiently...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I sue/file a lawsuit if an insurance company doesn't complete the settlement agreements?

Settlement included 9 months worth of compound cream, there was not a time limit on the 9 months. After paying for 4 months worth I received a successful experimental treatment. After 1.5 years the treatment no longer worked and I went to order a refill and it was denied twice. Since it was part... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Mar 1, 2017

I am sorry to hear the difficulties that you are having with your Workers Compensation Claim, despite the Settlement that you reached several months ago.

Without seeing the contents of the Settlement, it is unclear as to whether, or not, the Workers Compensation Carrier is violating the...
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4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: can I file a workman compensation or sue the employer what are my options

I was working on my part time job where the guy pays all his employees cash. I am a plumber while on the job a piece of pvc ricashaied into my right eye and reputed it the doctors said that I may not regain vision in the eye and I have numerous surgeries to try and save the eye because the lense on... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Mar 1, 2017

I am sorry to hear about the horrific injury that you have sustained to your right eye.

In order for you to be eligible for Workers Compensation, you must be earning wages that are reportable to the IRS. If your Employer is essentially "paying you under the table" in order to...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Fell in January 11 and diagnoised with concussion and Post CS. How do wages get paid through Workman's Comp?

Fell January 11th. Been sending Bills to carrier. Carrier has only sent a prescription card. Haven't recieved a paycheck from work. How do I get lost wages paid to me until the doctors send me back to work.

Richard Alan Jaffe
Richard Alan Jaffe
answered on Mar 1, 2017

Assuming you provided prompt Notice to your Employer regarding your work-related injury, the Workers Compensation Carrier as 21 days to either accept or deny your Claimant. If you have not received a Notice of Workers Compensation Denial or Notice of Workers Compensation Payable by now it is... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: I'm a nurse and injured my rhomboid muscle, was off three days of work and they are taking my sick time, is this legal?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 27, 2017

In order to be eligible for wage loss benefits after a work-related injury you must miss at least seven days from work. Thereafter, he would only be eligible for days eight through 13 until you miss a full two weeks at which point you would then be eligible to receive wage loss benefits for your... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: I am an employer (16 employees) with an employee who was injured on the job in Feb of 2016. He is unable to return to

full duty and I have no consistent modified duty work for him. WC Dr's now claim that he is healed, but his Dr's disagree. I wish he could return to full time duty, but I agree with HIS Dr's and him in that he CAN'T do the job. I have kept him on my healthcare plan while he... View More

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

If your Workers Compensation Carrier has received the results of an IME that has released your Employee back to work and you have work available, discuss with your Carrier and let them handle the situation. They would be able to provide you with guidance on how to handle the situation.

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3 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: As a delivery driver, I was robbed at gunpoint. Do I qualify for workmans comp?

I was robbed at gunpoint while on a delivery and now I'm horribly terrified and anxious to go back to work. I've also been having nightmares since it happened on Jan 27th. Now, especially since I have to testify soon, my anxiety has hit an all time high. My company told me initially to... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 23, 2017

I am sorry to hear about the traumatic event that you experienced while attempting to make a delivery in the course and scope of your employment.

If your Employer does not have a list of doctors with whom you must treat for a work-related injury, you are free to choose to treat with a...
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4 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: A previously declared broken chair failed for me at work, I injured my SI, spine & head, can I proceed with negligence?

My first concern is recovering from the caused injures depicted by CT scans (I landed on a protruding baseboard heater), yet how long do I have to later proceed (in PA) with possible negligence since the chair was previously informed to be broken, but it had not been replaced for months (it was... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 20, 2017

In order to be eligible for Wage Loss benefits, one must be out of work for 7 days, or more. If you are out of work for more than 14 days, your entitlement to Workers Compensation Benefits would be retroactive to day one. As noted, previously, the Workers Compensation Carrier as 21 days with which... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Scenario:Returned to light duty work, same position, pay & hours. How does this impact future wage loss or medical?

Claim was accepted. Received NCP w/wrong body part listed. Person received treatment & multiple tests done per insurance company. Doctors’ original assessment & tests confirmed proper body parts to treat but insurer wouldn’t correct NCP or Supplemental Agreement. Treatment continued... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 15, 2017

If the injured worker returned to work, with no loss of earnings, but continued to treat for the acknowledged work-related injury, they would be entitled to a Suspension of Benefits. Based upon the facts referenced above, it would appear as if your Benefits were Suspended based upon the Notice of... View More

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