Questions Answered by Timothy Belt
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 »
Q: my work sent me for an IME for my wc claim and he determined I was able to go back to full duty even though I am hurt
I am still having symptoms and my Dr said he didn't want me lifting yet, but work took me off light duty and put me back on full duty, do I have a case?
If your doctor indicates you need restrictions you should see a workers' compensation attorney as soon as possible. The insurance medical exam (IME) is not the final word on the subject. If your employer is unwilling to provide work within the restrictions provided by your doctor you may be... Read more »
Q: I received a epidural for a work related back injury. I had a severe allergic reaction.
Is workman's compensation responsible for the costs of treating the allergic reaction?
Yes if the epidural is for the work injury and you suffer an allergic reaction to the injection, it would be considered part of the treatment for the work injury. If the carrier is refusing to make payment, contact an attorney to assist you.
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