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Questions Answered by Timothy Belt
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can your company require you to use earned vacation concurrent with workers' Compensation?

I know that they can with FMLA but not sure about wc

Timothy Belt
Timothy Belt
answered on Jan 23, 2016

They can with workers' compensation as well, but if it is earned vacation time they do not get a credit against the workers' compensation. In other words you get the full check for both.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I worked at Walmart...8 or 9 years ago I fell and had to have a shoulder replacement is Walmart still responsible for me
Timothy Belt
Timothy Belt
answered on Jan 21, 2016

Maybe. It would depend in part on whether the injury was accepted or denied and whether or not you received wage loss benefits. Furthermore, it is possible that you still have coverage for medical treatment but not wage loss. To obtain an accurate answer to your question, you should schedule a... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: FT emp in PA returning to work from on the job injury (broken wrist). Am I entitled to same schedule/hours as I had?

Ready to head back to work after months recovering from an on the job injury. Regardless of the employer having to cover me while I was gone aren't I entitled to the same schedule and/or amount of hours that I had before? Especially since the injury was not my fault?

Timothy Belt
Timothy Belt
answered on Jan 16, 2016

You are not entitled to the same schedule or number of hours. If you still have restrictions due to the work injury and are working less hours, you may be entitled to an ongoing partial wage loss benefit.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Wrist injury returned with 2 lb limit. Super says use right hand only, ask for help in heavy lifting.

I work in dietary at a senior care home, supplying small dining room kitchen from stores in downstairs main kitchen, setting tables and trays, serving residents drinks, soup, salads, desserts in dining room, bussing tables, rigorous cleaning of kitchen daily, passing out water pitchers to rooms. I... View More

Timothy Belt
Timothy Belt
answered on Jan 10, 2016

If work is being provided within your restrictions you must perform the work provided or risk losing your wage loss benefits; however you are not required to exceed your work restrictions. If an assigned job is beyond your restrictions, you do not perform the job, but rather inform your supervisor... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: can I collect workmans comp

being robbed at gun point I wasn't allowed to seek help

Timothy Belt
Timothy Belt
answered on Dec 29, 2015

If there are no physical injuries, this is what would be called a mental/mental claim. These claims are very fact specific and depend not only on what happened to you but also on whether such an event would be expected in your line of work or your specific work location as well as many other... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: fractured ankle after just going back to work off workman comp

i just went back to work from being off on workmans comp. i had surgery on my ankle they had to reconstruct the ligaments in my ankle . i turned my ankle since being back to work and just found out i have a fractured ankle. will i get my workmens comp back

Timothy Belt
Timothy Belt
answered on Dec 26, 2015

Maybe. Since there was a separate incident since returning to work, this may be treated as a separate date of injury for which the carrier may accept or deny responsibility. The carrier has 21 days from the date of notice to accept your claim. If the claim is not accepted within 21 days, it is... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Does PA law require a script in order to send a W/C patient for an FCE? Is there a liability issue if hurt during FCE?

I need to know what the law is in Pennsylvania regarding scripts for FCEs. Also, is there any "liability" on the part of the therapist or insurance company that sent that claimant for the FCE if the patient "injures" him/herself during the testing? I need to know where I can... View More

Timothy Belt
Timothy Belt
answered on Dec 23, 2015

If it is your doctor sending you for an FCE, normally they will write out a script and the normal rules regarding negligence and medical malpractice would apply. If the FCE is being scheduled by the workers' compensation carrier as part of what they call an IME, there is not normally a script,... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Do I have to allow the nurse from the comp. insurance company come to the doctor with me?

I burned my arm at work, causing second and third degree burns. I went to urgent care, at the okay of my supervisor, then several days later to a burn unit specialist. They were the ones who said I had to stay home until I returned to them twelve days later. Now the insurance company wants to... View More

Timothy Belt
Timothy Belt
answered on Dec 23, 2015

You do not have to allow the nurse case manager any contact with your doctor beyond what is specifically required for billing purposes. You can tell her to leave if she shows up at your doctor's appointment, and you can tell the doctor in no uncertain terms that you have not consented to him... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: File has been closed?

I have been trying to get in to a doctor per another doctors request for almost 3 weeks. Finally today, I received a call from the office that they finally got ahold of my workers compensation adjuster, and she told them my file is closed. WHAT!!!??!!?! How & why? Why am I not getting any... View More

Timothy Belt
Timothy Belt
answered on Dec 14, 2015

There is a difference between your claim being over and the adjuster closing their file. This sounds like an adjuster that simply decided they were not approving anymore treatment. If you have a lawyer, talk to them about possible petitions. If you do not have a lawyer it is time to get one... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I live in PA and was injured 6 months ago at work. My diagnosis is a grade 2 PCL tear.

I am still having a lot of issues and my job can not meet my restrictions at this time, I recieved a letter from workmans comp saying I have an obligation to look for employment or they can stop my benefits. I am a CNA and no one will hire me for a cna position with my restrictions nor could I meet... View More

Timothy Belt
Timothy Belt
answered on Dec 13, 2015

Whenever the carrier receives information that your medical condition has changed such as a restriction sheet from one of your doctors or a doctor that they send you to for an exam, they are required to issue a document called a "Notice of Ability to Return to Work." I believe this is... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I fell at work at the beginning of my shift and wasn't paid for that day or the subsequent two days am I entitled?

I also just lost a tooth loosened by the fall and another is about to fall out, I reported the loss and had to call off cause of the pain, I just got terminated although the call off was because of the initial injury. I had been cleared to return to work without restrictions.

Timothy Belt
Timothy Belt
answered on Nov 28, 2015

If you have missed less than 7 days, you may not be entitled to wage loss benefits; however you may be entitled to disfigurement or possibly wrongful discharge. You would certainly have a claim for related medical bills. I would also suggest you contact a local workers' compensation... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What situation would require paying workman's compensation benefits received?
Timothy Belt
Timothy Belt
answered on Nov 11, 2015

In the average case there is no repayment of workers' compensation benefits received by the injured worker. There are some cases where an overpayment occurred and a deduction is made from future benefits to recoup the overpayment. It is also possible for an injured worker with a disputed... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Ongoing RMI hand pain unreported for fear of my job. Was terminated anyway for unrelated reasons. Can I still claim?

I missed time due to surgery in my first year. My manager talked to me a few months later about attendance and time missed. I started getting sharp pain and weakness in my hands a few months ago. I didn't report it because I was afraid of losing my job. I was terminated this week for other... View More

Timothy Belt
Timothy Belt
answered on Nov 7, 2015

You have to report the work injury within 120 days of the accident or incident that caused the injury. If you are still within 120 days of the accident or incident, or if this is more of a repetitive use injury and you are still within 120 days of the last day worked, you may be able to file a... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured 3 years ago. on comp, an social security.my place of work has been shutdown permanently seen.had to go to

ime now sending to vocational inter.i asked for to settle they offer something small. refused.can they stop my comp.? can they make get a job being on SSI?

Timothy Belt
Timothy Belt
answered on Nov 2, 2015

They are attempting to use the vocational expert to modify or suspend your wage loss benefits. They cannot force you to get a job, but if they can convince a judge that there is work available within your restrictions, they can potentially obtain a decision to reduce or even eliminate your wage... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: While on workers comp leave for 6 weeks after knee surgery can I go on a pre planned vacation?

I am rehabbing the knee at home and am off for 6 weeks due to the fact I work in a non access building on the 2nd floor with no elevator. I have a paid for vacation that occurs in week 4 of my leave and need to know if it is legal to go away?

Timothy Belt
Timothy Belt
answered on Oct 27, 2015

You can certainly go. There is nothing illegal about it. You should of course discuss whether it is a good idea with your attorney. You may also want to consider discussing your trip with your doctor and make sure he does not object. You should also be aware that if you do go, you may be under... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If hurt at work, do i have to give doctor my own private insurance information?

I recently experienced a sharp pain in my abdomen while working. I was sent to work health, turns out to be a abdominal hernia. Work health recommends i go for surgery consult. My job is telling me i must take my own insurance information with me so doctor can decide who he is going to bill. I am... View More

Timothy Belt
Timothy Belt
answered on Oct 17, 2015

You do not have to give the doctor your private health insurance information; however many doctor's will ask for back-up insurance information since they want to maximize the likelihood that they will be paid. That being said, it sounds like your employer and their carrier are playing games,... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: i got a burn on my arm from my place of employment which is a saw shop and i let it go to the point of me getting MRSA

i told the hospital i did it with a grinder at home can i get compensation

Timothy Belt
Timothy Belt
answered on Oct 14, 2015

The answer is maybe. First, you need to have notified your employer of the injury within 120 days of the injury date. Assuming you satisfy the notice requirement, you then have to overcome the credibility issue created by providing the hospital with an inaccurate history, so you may be able to... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I know that I need a building permit. But am I considered a contractor within Pennsylvania Workers Compensation Law?

I need to know if I am considered a contractor within Pennsylvania Workers Compensation Law or not. The cost of the permit is based on square footage, cost of material and weather or not I am considered a contractor or not. If I am NOT considered a contractor within the Pennsylvania Workers... View More

Timothy Belt
Timothy Belt
answered on Oct 10, 2015

This question requires much more information to answer and involves several laws other than the Pennsylvania Workers' Compensation Act. I would suggest that you schedule an appointment with a local lawyer familiar with both workers' compensation and the other laws surrounding... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What is the timeframe under WC that you are forced back to work?

Had back surgery and given deadline to return to work because of my medical insurance before full recovery.

Timothy Belt
Timothy Belt
answered on Oct 10, 2015

There are two separate questions here. As to the question actually asked, there is no time frame that you are required to return to work under Pennsylvania workers' compensation. Each case is treated individually based upon the nature of the injury and physical abilities of the injured... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My job paid 1 week WC then denied, if I go thru my insurance can I still fight for WC

I had just came up the stairs and turned on the landing and stared walking when I felt like a vibration then a sharp pain that went up my foot. I don't know if I twisted my ankle but I started limping right away and by the time I went to break half hour later I could barely walk. I went to the... View More

Timothy Belt
Timothy Belt
answered on Sep 26, 2015

I assume you mean submitting your medical bills to your private insurance. Assuming this is correct, yes you can submit your medical bills to your private insurance while contesting the denial of workers' compensation. You should, however, be careful that the documents indicate a contested... View More

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