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Questions Answered by Timothy Belt
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Still doing reguler position after ordered light duty?

Ive worked at a warehouse for about 8 months.. Im resposible for loading a conveyer belt by picking up boxes all night long. I started to experience back pain that had gotten worse & worse.

I went to the human recourses department of the warehouse and reported I was feeling back pain... Read more »

Timothy Belt
Timothy Belt answered on Oct 23, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I recieve workers compensation if I dont believe my injury was an isolated incident?

Ive been working in a warehouse for 7 months. I pick up boxes all night long for 8 hours loading a converyer belt. Constantly bending over to pick them up. Ive been sore since I started the job but the past week or 2 has been beyond soreness in my lower back. Theres something wrong with my back and... Read more »

Timothy Belt
Timothy Belt answered on Oct 13, 2018

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... Read more »

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can part time employees get workers comp?
Timothy Belt
Timothy Belt answered on Oct 12, 2018

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.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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
Timothy Belt answered on Sep 26, 2018

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... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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
Timothy Belt answered on Sep 24, 2018

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... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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
Timothy Belt answered on Sep 13, 2018

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... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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

I am still having symptoms and my Dr said he didn't want me lifting yet, but work took me off light duty and put me back on full duty, do I have a case?

Timothy Belt
Timothy Belt answered on Sep 12, 2018

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... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I received a epidural for a work related back injury. I had a severe allergic reaction.

Is workman's compensation responsible for the costs of treating the allergic reaction?

Timothy Belt
Timothy Belt answered on Sep 9, 2018

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.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
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
Timothy Belt answered on Aug 31, 2018

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,... Read more »

3 Answers | Asked in Workers' Compensation for Pennsylvania on
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
Timothy Belt answered on Aug 17, 2018

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... Read more »

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

I hurt my shoulder, had surgery and now have reached MMI. They're Dr says I'll never be more than 85%. My employer says they don't want me back because I'll never be 100% and they don't have any other jobs for me. I'm happy with getting a settlement. I'm also 67 years old.

Timothy Belt
Timothy Belt answered on Jul 24, 2018

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,... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
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
Timothy Belt answered on Jul 20, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: while out onWork comp a scheduled vacation falls do you have to take vacation? Or can you cancel reschedule til healed
Timothy Belt
Timothy Belt answered on Jul 20, 2018

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... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Workers' Compensation for Pennsylvania on
Q: What can I do about a parent complaint at age 35. My parents cited PTSD from the Virginia Tech massacre?

Originally, I couldn't sleep the week of the massacre when I was a manager and Virginia Tech alumni and had a routine doctor appointment that I had a rare inclusion of bringing my Mom along and discussing my concerns unplanned. I was then referred to mental health because of the massacre, I... Read more »

Timothy Belt
Timothy Belt answered on Jun 15, 2018

I am unclear from your question, is your condition related to an incident that happened at work?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If a claim was made but not filed in may,my 3yrs expired this may,am I still eligible for Workers comp

Also I had a lawyer for 2yrs decided not to pursue,this lawyer closed,my job didn't report the injury. Said I quit but was fired. I reported to hospital 1- two days after for the injury. Then I just got a call from hospital saying they have a claim and don't know where to send it from... Read more »

Timothy Belt
Timothy Belt answered on Jun 13, 2018

Your post appears to have been submitted from Washington, DC. If this is not a PA claim, I would suggest that you check with a lawyer in the state in which the injury happened since rules are different in different states.

If this is a PA claim, you have 3 years to either have the claim...
Read more »

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2 Answers | Asked in Workers' Compensation, Appeals / Appellate Law and Sexual Harassment for Pennsylvania on
Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?

This was done twice which kept me from recovering as I should have

Timothy Belt
Timothy Belt answered on Jun 11, 2018

I agree with attorney Neiman. Getting a lawyer involved can resolve a number of issues, and unless there is litigation-in which case you would need a lawyer regardless-there is no fee to you.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I get workers compensation for food poisoning caused by a lunch that was provided by my job?
Timothy Belt
Timothy Belt answered on Jun 9, 2018

If you can demonstrate that you did indeed receive food poisoning from a lunch provided by your job, that workers' compensation is a possibility. It is important that you understand workers' compensation only pays related wage loss and medical in most cases. Workers' compensation... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work-I got a 90 day letter from the state-workers comp hasn't returned my calls. Will they stop paying?

I reported an injury nearly 3 months ago. The first doctor thought I just tore a muscle, but my symptoms got worse. It was later I found out that I have a cervical disk herniation. I'm working full time, light duty. I got a letter in the mail from pa workers compensation stating coverage may... Read more »

Timothy Belt
Timothy Belt answered on May 26, 2018

It is impossible to accurately answer your question without seeing the documents, but I am assuming what you received is a Notice of Temporary Compensation Payable. If this Notice is not withdrawn within 90 days it converts to a Notice of Compensation Payable. Conversion means that the... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can a company force you to sign a Family Leave Act under workman's comp issues

I live in Pennsylvania but work in New Jersey can a company force you to sign a Family Leave Act as part of a workman's due to my health issues I need to use the Family Leave Act later on down the line was told if I'm do not sign the papers I will be forced to lose my benefits from the... Read more »

Timothy Belt
Timothy Belt answered on May 24, 2018

FMLA is to provide you with job security that you would not have under workers' compensation alone. If the situation warrants, the employer can require that FMLA time is used for a work injury. From what you describe, it sounds like the employer is giving you a choice of preserving the... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Am told I needed 5 grand for a deposition. Then I'm told the other party paid for it is this possible
Timothy Belt
Timothy Belt answered on May 16, 2018

There are several possibilities, and as Glen correctly pointed out, your attorney is the only one that would be able to answer your question. However, if there was a recent decision, that decision may have ruled that the other side is responsible for this cost. Another possibility is that the... Read more »

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