Questions Answered by Timothy Belt
Q: Can FMLA leave be combined with workers' compensation?
Timothy Belt's answer
Yes, FMLA can run at the same time as workers' compensation. There is nothing that prohibits this.
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?
Timothy Belt's answer
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 insurance and was negligent resulting in your injury, you may be able to file a personal injury claim. To by sure in your particular case, I would suggest you schedule a free initial consultation with a...
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 insurance and was negligent resulting in your injury, you may be able to file a personal injury claim. To by sure in your particular case, I would suggest you schedule a free initial consultation with a...
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
Timothy Belt's answer
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 Uninsured Employer Guarantee Fund.
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 Uninsured Employer Guarantee Fund.
Q: If an LLC run by 2 partners has no employees, what would their workers compensation requirements be?
1 Answer
| Asked
in
Business Formation and Workers' Compensation
for
Pennsylvania
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
Timothy Belt's answer
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.
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,
Timothy Belt's answer
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.
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?
Timothy Belt's answer
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 occupation matters. I door-to-door salesman robbed at gunpoint may not be considered an abnormal working condition. These cases are very fact specific. There are a number of cases where a police...
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 occupation matters. I door-to-door salesman robbed at gunpoint may not be considered an abnormal working condition. These cases are very fact specific. There are a number of cases where a police...
Q: I work for a small company of under 20 people. Is my employer required to offer workers' compensation?
Timothy Belt's answer
I completely agree with Mr. Neiman. If a company has any employees they are legally required to have workers' compensation insurance.
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?
Timothy Belt's answer
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 doctor provides you with restrictions, make sure you keep a copy of the restrictions so that you can show them to your supervisor. If your employer is unwilling to comply with work restrictions related...
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 doctor provides you with restrictions, make sure you keep a copy of the restrictions so that you can show them to your supervisor. If your employer is unwilling to comply with work restrictions related...
Q: Can I recieve workers compensation if I dont believe my injury was an isolated incident?
Timothy Belt's answer
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 belief that the injury is related to your job duties so that this is reflected in the medical records.
If you are going to seek workers' compensation benefits it is important that you clearly...
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 belief that the injury is related to your job duties so that this is reflected in the medical records.
If you are going to seek workers' compensation benefits it is important that you clearly...
Q: Can part time employees get workers comp?
Timothy Belt's answer
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.
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?
Timothy Belt's answer
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 the employer as soon as possible. You can, if you so choose, notify your employer by filing the Claim Petition and serving them with a copy of the Claim Petition.
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 the employer as soon as possible. You can, if you so choose, notify your employer by filing the Claim Petition and serving them with a copy of the Claim Petition.
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?
Timothy Belt's answer
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 through an outside company.
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 through an outside company.
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?
Timothy Belt's answer
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 hours, you have a strong argument that you should be paid.
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 hours, you have a strong argument that you should be paid.
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
Timothy Belt's answer
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 entitled to wage loss benefits.
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 entitled to wage loss benefits.
Q: I received a epidural for a work related back injury. I had a severe allergic reaction.
Timothy Belt's answer
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.
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.
Q: My Dr put on desk duty but my employer denied me and now no pay, how do I fight getting paid. It's been over 3 weeks
Timothy Belt's answer
If you suffered an injury at work, and you are not being provided with work within your restrictions, you may be entitled to workers' compensation wage loss benefits. If your employer and/or it's workers' compensation carrier is not making voluntary payment of wage loss benefits, you should talk to a lawyer and potentially file a petition to obtain payment of benefits.
Regardless of whether this is or is not a work injury, you may still have a claim for unemployment compensation...
If you suffered an injury at work, and you are not being provided with work within your restrictions, you may be entitled to workers' compensation wage loss benefits. If your employer and/or it's workers' compensation carrier is not making voluntary payment of wage loss benefits, you should talk to a lawyer and potentially file a petition to obtain payment of benefits.
Regardless of whether this is or is not a work injury, you may still have a claim for unemployment compensation...
Q: If I already had a bad back, but then it got aggravated at work, am I still able to get workers comp?
Timothy Belt's answer
If you have a doctor that is willing to testify that your work activities or a work accident substantially worsened the preexisting condition, you do have a viable claim. However, there is a high probability that the carrier will fight this claim, so I would suggest that you contact an attorney in your area to make sure your rights are protected.
If you have a doctor that is willing to testify that your work activities or a work accident substantially worsened the preexisting condition, you do have a viable claim. However, there is a high probability that the carrier will fight this claim, so I would suggest that you contact an attorney in your area to make sure your rights are protected.
Q: The insurance co has offered me a settlement. Of course I'm going to counter offer. How do I know how much to counter?
Timothy Belt's answer
The truth is that there are many factors including not only your age and employment status, but also your compensation rate, diagnoses, and geographic area. Furthermore, even things like the insurance company and assigned adjuster can impact negotiations. You don't know how much to counter, and there isn't a simple answer that is going to provide you with an appropriate responsive number. I agree with the other posters. If you want to receive a fair deal, you should obtain the services of a...
The truth is that there are many factors including not only your age and employment status, but also your compensation rate, diagnoses, and geographic area. Furthermore, even things like the insurance company and assigned adjuster can impact negotiations. You don't know how much to counter, and there isn't a simple answer that is going to provide you with an appropriate responsive number. I agree with the other posters. If you want to receive a fair deal, you should obtain the services of a...
Q: Do you have to take a scheduled vacation while out on WC? Can it be cancelled and taken once off wc? Ty
Timothy Belt's answer
There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work already performed, if you are required to take the vacation time, you would be entitled to the vacation pay as well as workers' compensation for that week.
There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work already performed, if you are required to take the vacation time, you would be entitled to the vacation pay as well as workers' compensation for that week.
Q: while out onWork comp a scheduled vacation falls do you have to take vacation? Or can you cancel reschedule til healed
Timothy Belt's answer
There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work already performed, if you are required to take the vacation time, you would be entitled to the vacation pay as well as workers' compensation for that week.
There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work already performed, if you are required to take the vacation time, you would be entitled to the vacation pay as well as workers' compensation for that week.
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.
