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Questions Answered by Timothy Belt
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My husband recently passed away he was on workmanscomp due to a logging accident do I qualify for any benefits.
Timothy Belt
Timothy Belt
answered on Sep 22, 2015

Maybe. That would depend on how long it has been since the initial injury and whether his death was as a result of that injury or due to an unrelated cause. It would certainly be worth a call to a local workers' compensation lawyer to explore whether you are entitled to ongoing benefits.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Does Pennsylvania provide for an automatic settlement at the conclusion of a WC case like NJ?
Timothy Belt
Timothy Belt
answered on Sep 22, 2015

No. Settlements are not automatic in Pennsylvania and there is no formula to calculate the value of the case. Each case is negotiated individually by the parties.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What activities can I engage in while at home on workers comp. that will not forfeit benefits or cause legal issues?
Timothy Belt
Timothy Belt
answered on Sep 18, 2015

Clearly if you do anything at home that is in excess of your doctor's work restrictions you are asking for trouble. For example, if your doctor has placed restrictions of lifting no more than 10 pounds, and you are carrying around your 50 pound child, that is going to be a problem. However,... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured on the job in Jan 2015. Was forced to return to my nursing job with a 5 lb lifting retriction on my R arm

After 8 wk of PT and 2 mos of home exercises I demanded an MRI. Rotator cuff torn in 2 places & I need surgery. If I do not get back full use of my R shoulder should I get an atty?

Timothy Belt
Timothy Belt
answered on Sep 11, 2015

Pennsylvania Workers' Compensation Attorneys are paid on a contingency fee, and most if not all do not start charging a fee until there is actual litigation in which they obtain wage loss benefits for the injured worker or prevent those benefits from being suspended, modified or terminated.... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If I have pain in my hand from a new job, do I go to MY doctor, a supervisor at work, human resources, etc? I know

I should see a doctor, I just want to know the procedure as this pain only began after I had been working this new job.

Timothy Belt
Timothy Belt
answered on Sep 8, 2015

The first thing you need to do is report the injury to a manager or someone designated to process workers' compensation claims at your employer. They should then provide you with a list of doctor's that you can treat with. You get to choose from the list, and you are required to treat... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I have pain in my hand from a new job, who do I go to first?
Timothy Belt
Timothy Belt
answered on Nov 30, 2015

You have a limited time to report work injuries in Pennsylvania, so you should immediately report this injury to a manager at your employer. This is also important since your employer may have a list of panel doctor's that you would be required to treat with for the first 90 days after your injury.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If I receive a Denial, then a Notice of Compensation Payable for medical only I can't return to work what do I do next?

My husband has a full rotator cuff tear which will need surgery, he is unable to return to his job or any job until this is fixed. His unemployment will be running out in a month and he will not have an income.

Timothy Belt
Timothy Belt
answered on Aug 18, 2015

You would need to file a Petition to Reinstate or a Claim Petition to address the ongoing loss of earnings and then present fact and medical evidence to the judge to prove your entitlement to wage loss. Unless you are experienced at examining and cross-examining fact and medical witnesses, your... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: On WC for over a year for hand injury. Now scheduled for FCE.When will checks stop if results show ability to work?
Timothy Belt
Timothy Belt
answered on Aug 17, 2015

If the carrier has scheduled the FCE, you have the option of fighting the FCE as going beyond the examination permitted by the Pennsylvania Workers' Compensation Act. Assuming you attend the FCE, the FCE alone will not stop your checks. The employer must take further action either in the... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was not shown at time of my injury the panel of physicians but directed to one instead. Is that legal?
Timothy Belt
Timothy Belt
answered on Aug 15, 2015

It is not consistent with the requirements of the Pennsylvania Workers' Compensation Act. By not providing you with the list of panel physicians your employer has surrendered their right to control providers during the first 90 days, so if you choose to treat with another doctor, that doctor... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Trained to work in a hazardous area where I shouldnt be (clear signage). Fractured my foot. Can I sue? On WC for now

I wasnt supposed to be in this area, per the posted signs, but I was trained and told that I have to and its apart of my job. I fractured my foot. They are using workers comp for my med bills and loss of wages. Do I have grounds to sue because they put me in a potentially dangerous situation and I... View More

Timothy Belt
Timothy Belt
answered on Aug 13, 2015

In almost all situations where you suffer an injury at work, your remedy is restricted to workers' compensation. If someone other than your employer or a coworker were responsible for your injury, you may have a separate claim, but in regard to your employer you are confined to workers'... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: employee never said he hurt back, no report. went to dr. on his own and said work related. Is that protocol correct?

I have a new hire, less than 3 months. He took off yesterday and today and said he went to dr. about his back, he never said his back was hurt. Do I have any recourse?

Timothy Belt
Timothy Belt
answered on Aug 5, 2015

An employee has up to 120 days after a work injury to report it to their employer. Once it is reported, you should complete the necessary forms and submit them to your workers' compensation carrier. You should also provide them with your list of panel providers and have them sign indicated... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Is there a possibility for my left shoulder pain as a result of my right shoulder pain injury and surgery on 3/27/2015?

I injured my right shoulder at work. Right after surgery on my right shoulder I started having a significant amount of pain to my left shoulder. The pain in my left shoulder is 12 and a 10 by the evening. I had a steroid injection with no relief. The surgeon doesn't think that there could be... View More

Timothy Belt
Timothy Belt
answered on Aug 1, 2015

It is possible that over use of the left shoulder after the right shoulder surgery resulted in your current pain; however, to establish this you would need a medical opinion within a reasonable degree of medical certainty. Apparently your surgeon does not believe that there is a connection, so... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: A construction worker dropped a brick off a roof and onto my arm. Not broken. Lots of pain. Can't lift for work. Sue?

I believe they already have to pay my medical bills. I don't know yet if my pay is going to be docked for missing three or four days of work. (My pay is based on me doing my job weekly. I'm under contract.) my arm isn't broken but I can't use it at all to lift. I'm a... View More

Timothy Belt
Timothy Belt
answered on Jul 31, 2015

Assuming that you were working and this was a coworker working for the same company, you would be confined to a workers' compensation claim. Workers' compensation in Pennsylvania does not pay for pain and suffering, but it does pay wage loss and medical bills. If the worker that dropped... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If you have charges against you for theft by deception from a former employer can you still go after them for workman'sc
Timothy Belt
Timothy Belt
answered on Jul 27, 2015

Yes, you can pursue such a claim, but it would seriously damage your overall credibility and make winning such a claim very difficult.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: can the workers comp insurance company change the times of my paychecks without notifying me?

i have always received my checks every 2 weeks then i didnt receive one . i called my attorney and was told the insurance company had been sending my checks wrong and it will be a month before i get another check ?

Timothy Belt
Timothy Belt
answered on Jul 26, 2015

Your wage loss checks are to be sent at the same intervals as your wages were received when you were still working. Obviously you have an attorney, so I would strongly suggest sitting down with him and obtaining a full explanation of what happened, how it happened, and alternatives to resolve the... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured and had surgery all covered by workers compensation, but now I need to leave.

I was injured in March, surgery in April and now prior to injury I had expressed changing shifts because of school. Now they won't let me because of the injury, can I leave the company and still get my Dr and PT bills taken care of? I have been back to work doing light duty work, just not full duty.

Timothy Belt
Timothy Belt
answered on Jul 25, 2015

Leaving your employment alone will not terminate your right to medical benefits. It will impact your potential right to wage loss benefits, and if you do return to work at another employer in the future, it is possible the insurance career may try to blame the new employer for any ongoing... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: compensating for the pain

I got injured at work and it required surgery. Now because I have been compensating for the pain and using the other arm more it to got injured. Should the workers compensation cover this?

Timothy Belt
Timothy Belt
answered on Jul 16, 2015

It is unlikely that the workers' compensation carrier will voluntarily assume responsibility for the other arm. If you have a medical opinion within a reasonable degree of medical certainty that the new complaints are as a result of overuse arising from the first injury, you may be able to... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I just returned to work but case is still opened, I received another job offer, what will happen with W.C.?
Timothy Belt
Timothy Belt
answered on Jul 16, 2015

This is a complicated question that you should really address directly with an attorney since taking another job can certainly impact your ongoing entitlement to benefits and the potential settlement value of your case. However, as a general answer that could change depending on the specific facts... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: My employer's wc insurance denied my claim. Is my primary insurance required to pay for any plan covered treatment now?

I injured my knee during a fire drill, and my employer's worker's comp insurance denied my claim. Is my health insurance required to pay any doc visits or treatment that are covered by my plan related to the injury now? Or do I have to go through the appeal process first?

Timothy Belt
Timothy Belt
answered on Jul 16, 2015

Your health insurance is not required to provide coverage, but if you do proceed with a workers' compensation claim they will have the right to seek reimbursement from the workers' compensation carrier.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: how long should it take to get a IME report back
Timothy Belt
Timothy Belt
answered on Jul 16, 2015

The carrier will normally have the report within 30-60 days of the examination. If your case is not in litigation they may, or may not, provide a copy of this report to you.

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