Questions Answered by Timothy Belt
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
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.
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
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 a... Read more »
Q: Why did the workmans adjuster got replaced with a lawyer.thank you
Adjusters do not handle petitions before judges, so my best guess is that a petition has been filed or is being considered.
Q: Please if you can let me know now that its taken so long what can i do to further .
9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We went... Read more »
The only one that can really answer your questions would be your lawyer. There are many issues that come up in a workers' compensation case, and if the case has to go all the way to decision, the process can take a year or more from the date the petition is filed until the decision is received. I... Read more »
Q: PA workers compensation headache
Two years ago I settled a workers comp claim for a back injury (herniated disc). I felt comfortable settling as my physiatrist completed a FCE and stated I could return to full duty. I started a new job, but after 8 months the pain in the back returned along with going down the left leg. My job is... Read more »
It is not fraud on your part. Your employer having submitted the claim to short term disability rather than workers' compensation is potentially a different answer. It is called an aggravation of a pre-existing condition which is considered a new injury in PA. It is very unlikely at this point... Read more »
Q: Can a judge force me to seek legal counsel when I am indigent?
I have asked several Lawyers and they won't represent me due to small settlement.
A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.
I... Read more »
Q: do I have to use my total accrued vacation up prior to collecting workers compensation? My employer says I do. Help.
You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to workers' compensation... Read more »
Q: Can FMLA leave be combined with workers' compensation?
Yes, FMLA can run at the same time as workers' compensation. There is nothing that prohibits this.
Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
If the claim is against your employer and your employer has workers' compensation insurance, you can only file a workers' compensation claim. If a third-party other than your employer or a coworker was negligent and caused a work injury or if your employer does not have workers' compensation... Read more »
Q: I broke my wrist shelving boxes at my employer's warehouse. When I went to HR to ask how to file workers' comp paperwork
I was told the company doesn't have workers' comp insurance. Is this legal? What do I do now?
It is illegal to have employees and not have workers' compensation insurance. I would suggest that you contact a local workers' compensation attorney. They may have insurance that they are not telling you about. If they do not have insurance, you may still be able to file a claim against the... Read more »
Q: If an LLC run by 2 partners has no employees, what would their workers compensation requirements be?
If there are truly no employees, workers' compensation insurance may not be necessary. However, if anyone works for the company you may want to have the relationship reviewed by an employment attorney to make sure it isn't an employer/employee relationship.
Q: I drive my own car to and from client meetings for work. If I get into a car accident while driving to a client meeting,
can I request workers' compensation until I recover?
These cases are fact specific. However, if driving to and from client appointments is part of your job duties you may have a claim and you should certainly have the totality of your facts reviewed by a local workers' compensation attorney.
Q: What are some examples of psychiatric work injuries that would qualify for workers' comp benefits in Pennsylvania?
It isn't the diagnoses that matters, it is the events leading up to the diagnoses. The injury has to be caused by "abnormal working conditions." Abnormal has to be very severe. For example fear of economic issues, bodily harm or even termination of employment are not enough. Furthermore, the... Read more »
Q: I work for a small company of under 20 people. Is my employer required to offer workers' compensation?
I completely agree with Mr. Neiman. If a company has any employees they are legally required to have workers' compensation insurance.
Q: Still doing reguler position after ordered light duty?
Ive worked at a warehouse for about 8 months.. Im resposible for loading a conveyer belt by picking up boxes all night long. I started to experience back pain that had gotten worse & worse.
I went to the human recourses department of the warehouse and reported I was feeling back pain that... Read more »
First, if you feel your back problem is related to your job duties you need to report it to your employer as a work injury and fill out an accident report. Your employer should also provide you with a list of at least 6 doctors to choose from so that you can receive medical treatment. If the... Read more »
Q: Can I recieve workers compensation if I dont believe my injury was an isolated incident?
Ive been working in a warehouse for 7 months. I pick up boxes all night long for 8 hours loading a converyer belt. Constantly bending over to pick them up. Ive been sore since I started the job but the past week or 2 has been beyond soreness in my lower back. Theres something wrong with my back and... Read more »
What you are describing is called a repetitive use injury and the date of injury would be the date reported or the last day worked. Repetitive use injuries are often but not always disputed by the workers' compensation carrier. If you are seeing a doctor be sure to inform the doctor of your... Read more »
Q: Can part time employees get workers comp?
Absolutely. And if the injured employee has more than one job, the loss of earnings from all positions would be included in the workers' compensation wage loss claim.
Q: Am i required to first let my employer know I've been injured before I file a claim? Can I get penalized?
You are required to notify your employer of a work injury within 120 days of the injury or you lose your right to pursue the claim. If you do not notify your employer within 21 days of the injury, you lose your right to wage loss before the date of notice. So, it is to your advantage to notify... Read more »
Q: Can my employer force me 2 work on light duty 4 another company or entity if they can't provide work 4 my restrictions?
You cannot be "forced" to do anything. However, if work within your restrictions are available and you refuse that work your entitlement to wage loss benefits may be reduced or even eliminated based upon refusing that work. That is true whether the work is being provided by your employer or... Read more »
Q: If am am sent for tests or diagnosis during work hours do I still get paid for the time I am away from work?
If the treatment is available outside of working hours you have an obligation to schedule outside of working hours and the carrier is not required to pay you if you fail to do so. However, if it is the employer or the workers' compensation carrier that is scheduling the appointment during working... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
