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answered on Jun 18, 2016
There is no limit in PA for temporary total disability wage loss benefits. Temporary partial disability wage loss benefits are capped at 500 weeks.
I am a 32hr salary employee. Can they make me go to 40hts? I don't see orthopedic MD until the 21st. Injury was May 9th
answered on Jun 16, 2016
They are trying to bully you. If you have not been released to 40 hours you do not have to perform 40 hours. They do not have to keep you, but if they lay you off while on light duty you enjoy a presumption that your loss of earnings is related to your work injury which will normally allow you to... View More 
answered on Jun 15, 2016
Each state has its own workers' compensation laws, so claims cannot simply be transferred from state to state. That does not necessarily mean that you can't move from state to state and still receive benefits. I am not proficient in Indiana Workers' Compensation Law, so I can not... View More
Does this qualify for workmanship comp? Had test and procedure done and discharged 3 days later
answered on Jun 15, 2016
Maybe. If this is a PA claim it would depend on the specific facts surrounding the onset of symptoms including what job related functions you were performing at or around the time your symptoms started. This may be a Federal claim based upon your employer. Federal Workers' Compensation has... View More
Job at work receiving TPD benefits weekly. Do the 52 weeks count towards the 500 weeks you can receive TPD?
answered on Jun 14, 2016
If you were receiving your full rate rather than the reduced modified rate, the 52 weeks do not count towards the 500 weeks.
answered on Jun 12, 2016
Each state has its own workers' compensation law, but in Pennsylvania, the rule of thumb is every 6 months; however this time period may be reduced if there is a change in your condition such as a new diagnoses or recommendation for surgery. If there has not been a change in your condition,... View More
In PA, if an employee has a worker's comp claim (accepted) and is released back to work but requires follow up appointments or therapy, does the EMPLOYER need to pay them for their missed time or are they able to make them use any paid time off (vacation, sick time, PTO, etc.)? And if not,... View More
answered on Jun 12, 2016
This is not a simple yes or no question. To the extent that medical treatment can be scheduled outside of working hours, the injured worker has an obligation to do so. If the treatment is not available outside of working hours, the injured worker still has an obligation to schedule the... View More
I have shoulder surgery, and I have an appointment with my doctor, can an employer send the nurse from work company to be at my doctors visit, and is this a breach to my HIPPA rights.
answered on Jun 12, 2016
The employer can send the nurse, but you can refuse to allow them to attend the visit, and you can make clear to the doctor that you do not agree to them talking directly with the nurse. If you take this approach make sure that you have not signed any authorizations to allow the doctor to talk to... View More
I receive a separate check each week for overtime that I can't work anymore. From my average weekly wage from 2007. How long can the claim last. Is there a maximum number of weeks or months?
answered on Jun 12, 2016
The check you are receiving is call temporary partial disability wage loss benefits (TPD). You can only receive 500 weeks of TPD benefits, so assuming you returned to work since shortly after your injury, those benefits will run out soon. The medical portion of your claim has no time restriction... View More
Of assault and battery. They didn't send me to a physician nor treatment. Also a car accident with complications. They want to settle. Do I need an attorney to represent me for the settlement?
answered on Jun 12, 2016
"Need" is a strong word. You may not technically need an attorney to represent you, but you are likely to receive more, even after the deduction of their fee, and you will be able to avoid numerous potential mistakes by having a competent attorney represent you.
I have dx related to work place violence and the person was found guilty.
answered on Jun 1, 2016
This forum is for Pennsylvania injuries. I would suggest that you repost your question on a forum for VA injuries.
so i worked in extreme pain they told me it was broke now back out of work for 4 weeks .will workmens comp pay Temporary Disability Payments?
answered on May 31, 2016
Assuming the workers' compensation insurance carrier has accepted liability for your injury, they will begin payment of wag loss after you have been out of work for 7 days. If you are out of work more than 14 days, wage loss benefits become retroactive to your first day out of work. The... View More
also I have previously appealed unemployment denial to commonwealth of Pa., how would signing that clause now, affect that outcome if I am granted UC benefits afterwards, would I have to forfeit or be penalized? I was told that it will not affect application for SSD / SSI for persons age 50+. I am... View More
answered on May 29, 2016
It is impossible to answer this question without reviewing the language. If you have a lawyer, I would strongly suggest that you review this document with them. If you do not have a lawyer, you should consider retaining one. The problem is that the language of a global release is not uniform.... View More
answered on May 27, 2016
There is not enough information. Were you injured, and if so, how were you injured?
I was out for 52 days for a injury that happened on the job. I was collecting Workmans Comp. Now that I am returning my boss tells me that my schedule has changed because my Co worker who filled in for me had to change her schedule around. I work for a large company in Philadelphia. I have worked... View More
answered on May 23, 2016
They can change your schedule to fit their business needs unless there is an agreement, such as a union contract, which would prevent them from changing your schedule.
I was injured on my work break, a bench I was sitting on collapsed. It was determined my injury was work related. I was off work for 32 days. I am back on modified duty but still have Dr apts. On my last apt they decided I needed additional testing. I am being told by my WC Hr rep that I have to... View More
answered on May 9, 2016
Assuming this is an accepted injury you do have a responsibility to schedule medical treatment outside of working hours. If you choose to schedule the appointments during working hours you are not entitled to compensation for the missed time. If the treatment is not available outside of working... View More
answered on May 8, 2016
Assuming your injury happened on or after June 24, 1996, for an employee that has worked less than a complete period of 13 calendar weeks and does not have fixed weekly wages, the average weekly wage will be the hourly rate multiplied by the number of hours the employee was expected to work per... View More
Thank you sir for your help! I am awaiting a call back from an attorney. I retrieved information from the website. The insurance company's attorney filed form LIBC-378. Selected Position: Terminate Compensation Benefits (Stop payment of Workers' Compensation) requesting the date of... View More
answered on Apr 29, 2016
I hate to guess, but assuming that there is a Notice of Compensation Payable, and the Petition to Terminate was the next document filed, there may well be any issue with a unilateral suspension/termination of benefits from 1/27/16 forward.
I broke my ankle at work in August which ended up resulting in the discovery of sarcoma cancer in October. The healthcare benefits were stopped when the cancer was discovered but my wages continued until January 29 when they tried to get me to sign off which I refused. I just got a letter from... View More
answered on Apr 28, 2016
You need to get a lawyer immediately. To answer your question, a review would need to be made of the documents which were actually filed with The Bureau of Workers' Compensation in Harrisburg. Once it is determined what document is controlling, it could be further determined what if any... View More
I have outstanding medical bills and they are being sent to collections and it has been well over 30 days since I settled my case. The WC insurance company still has not payed them are they in breach of contract? And if so what can be done about it?
answered on Apr 27, 2016
Medical bills must be submitted for payment using the appropriate billing forms with attached treatment records before the carrier has an obligation to pay. Simply sending the invoices or collection letters is not enough. Once the proper documents have been submitted, the carrier has 30 days to... View More
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