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Questions Answered by Timothy Belt
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I was given a doctors note to be off work due to carpal tunnel caused by my job. It's been 20 days and I have not heard

from employers W.C. carrier? How long does the employer have to accept or deny my claim?

Timothy Belt
Timothy Belt answered on Oct 8, 2020

The employer and/or it's workers' compensation carrier only have 21 days to accept or deny your claim. If they fail to do so, you will need to file a Claim Petition and prove that you suffered an injury in the course and scope of your employment resulting in wage loss. This is a... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can my employer withhold overtime work due to being on light duty for workers comp?

I drive a school bus in the morning and afternoon. Between my routes I am on light duty instead of doing strenuous work on a labor assignment. They won't let me work overtime driving a bus.

Timothy Belt
Timothy Belt answered on Oct 7, 2020

They do not have to let you work overtime, but you may be entitled to temporary partial disability wage loss benefits through workers' compensation to make up the difference. I would suggest that you talk to a local workers' compensation lawyer about your rights and options.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Hello, I was attacked at work and got bitten, I’m a CNA. I want file for emotional distress/pain and suffering.

Is this possible I wanted to get advice on how to approach this

Timothy Belt
Timothy Belt answered on Jul 5, 2020

I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Workmans comp settlement severe tbi

for me?

we are currently in a workmans comp case severe tbi. They are trying to settle for 80.000 but he is still suffering and he did not receive the proper treatment due to the dr and scheduling and were advised by our current lawyer to remain with them. My problem is he is getting worse... Read more »

Timothy Belt
Timothy Belt answered on Apr 27, 2020

Since you are a represented party, no one on here can ethically provide you with legal advice. I can tell you that your lawyer is in the best position to evaluate the strengths and weaknesses of your case. If you are not confident in your attorney, you are free to change attorneys. However, if... Read more »

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7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Timothy Belt
Timothy Belt answered on Dec 5, 2019

This may be a workers' compensation claim despite the fact that you were not on the clock. It would depend on why you were at the facility at the time of the accident. Since workers' compensation pays both wage loss and medical, I would suggest that you call a workers'... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I sustained an injury at work doing tasks outside normal scope of work. Company DR cleared me but I'm still in pain.

I was cleared full duty after one visit but what makes my injury hurt the most is sitting which is 90% of my job.

Timothy Belt
Timothy Belt answered on Nov 15, 2019

You should have received a list of doctors to pick from in regard to your treatment. If you did not receive this list, you are free to see a doctor of your own choosing. I would suggest that you contact a local workers' compensation lawyer to discuss the specifics of your case and the... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
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

Timothy Belt
Timothy Belt answered on Sep 5, 2019

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.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
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

Timothy Belt
Timothy Belt answered on Aug 26, 2019

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... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Why did the workmans adjuster got replaced with a lawyer.thank you
Timothy Belt
Timothy Belt answered on May 9, 2019

Adjusters do not handle petitions before judges, so my best guess is that a petition has been filed or is being considered.

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
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... Read more »

Timothy Belt
Timothy Belt answered on May 9, 2019

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... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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 »

Timothy Belt
Timothy Belt answered on Apr 20, 2019

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... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
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.

Timothy Belt
Timothy Belt answered on Apr 13, 2019

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.... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: do I have to use my total accrued vacation up prior to collecting workers compensation? My employer says I do. Help.
Timothy Belt
Timothy Belt answered on Mar 12, 2019

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... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can FMLA leave be combined with workers' compensation?
Timothy Belt
Timothy Belt answered on Dec 26, 2018

Yes, FMLA can run at the same time as workers' compensation. There is nothing that prohibits this.

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4 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
Timothy Belt
Timothy Belt answered on Dec 11, 2018

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'... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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?

Timothy Belt
Timothy Belt answered on Nov 26, 2018

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... Read more »

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1 Answer | Asked in Business Formation and Workers' Compensation for Pennsylvania on
Q: If an LLC run by 2 partners has no employees, what would their workers compensation requirements be?
Timothy Belt
Timothy Belt answered on Nov 14, 2018

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.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
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?

Timothy Belt
Timothy Belt answered on Nov 12, 2018

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.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What are some examples of psychiatric work injuries that would qualify for workers' comp benefits in Pennsylvania?
Timothy Belt
Timothy Belt answered on Nov 6, 2018

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.... Read more »

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I work for a small company of under 20 people. Is my employer required to offer workers' compensation?
Timothy Belt
Timothy Belt answered on Oct 25, 2018

I completely agree with Mr. Neiman. If a company has any employees they are legally required to have workers' compensation insurance.

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