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1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: My employer has asked me to involve work comp. Is that wise
Timothy Belt
Timothy Belt
answered on Jun 4, 2017

If you suffered an injury in the course and scope of your employment, workers' compensation would be the correct route. Without additional information, it is impossible to provide a more complete answer.

3 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: Can I sue my ex employer, they fired me days after my accident but call me back next day.

My employer fired me days after my accident claiming that I filed for workers comp, when they took me to the clinic after having my head injury. They call me back next day but they keep me working without restrictions on full duty. Weeks after they stop paying me, I missed a few days for doctors... View More

Timothy Belt
Timothy Belt
answered on May 10, 2017

There are a number of potential claims that you can bring including not only workers' compensation but also wrongful termination. I would suggest that you contact another attorney as soon as possible.

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Do workers comp payments come monthly or in a bigger amount all at once?
Timothy Belt
Timothy Belt
answered on May 5, 2017

Ongoing Workers' Compensation wage loss benefits are to be paid the same as wages were at the employer. So if you were paid wages every week, you should receive a wage loss check every week. If you were paid wages every other week, your wage loss check should be paid every other week. If... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How will a settlement affect medicaid insurance? No work avail, & 10 to 12 month delay for SSD what should I know?

Must have health insurance to cover other health related issues, not WC related. Need help to protect financial future. Who best to talk with, lawyer, financial planner, or accountant?

Timothy Belt
Timothy Belt
answered on Apr 11, 2017

Medicaid is a need based program, so depending on the size of the settlement it could eliminate your entitlement. There are ways to spend the settlement that would not necessarily result in the loss of your Medicaid. There are also potential trust options. I would suggest initially discussing... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Can my job go back on the hours they promised me I could work after 4 years of employment with them?

I was told when hired 4 years ago that the business could accommodate my hours that I can work thru out the day. They have done so the past 4 years. And now are trying to say they can no longer accommodate me. Is there anything I can do.about this? And if not am I able to get unemployment since... View More

Timothy Belt
Timothy Belt
answered on Apr 9, 2017

Pennsylvania is an employment at will state and employers are normally free to change hours based upon business needs. If you have a written contract that would be a potential exception. Furthermore, if the change in hours is based on your membership in a protected class such as race, age, or... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Just got fired because my boss found out i have a workmens comp lawer. Im from pa can i get a lawer for this

I got hurt in jan my boss didnt want to put it threw workmens comp my ankle is still bad i got a lawer for workmens comp he found out and fired me on fri

Timothy Belt
Timothy Belt
answered on Apr 5, 2017

You have a potential separate claim for the termination. You already have an attorney for the workers' compensation. I would suggest that you talk to him. He may handle this type of claim, and if not he may well have an existing relationship with an attorney that he knows and trusts that... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Does WC pay when I leave work early for being too sore to work? Neck injury...

Buldged disc in my neck, restriced to 32 hours a week, employer says WC only pays the portion of the 8 hours lost...

Timothy Belt
Timothy Belt
answered on Apr 2, 2017

First, your post appears to be from MD and this is a PA forum. The workers' compensation laws are different in MD and PA. In PA it is possible to obtain wage loss payment when time is missed due to pain from a work injury. Documentation is key. It is important that you tell your employer... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: My work compensation said thepay wages for six weeks in a fingertip amputation only, and I need follow up surgery?, and

They will not cover wages for lost time.

Timothy Belt
Timothy Belt
answered on Apr 1, 2017

This is complicated. If your condition includes a separate and distinct injury from the amputation, you may be eligible for additional benefits. Even if your injury is only the amputation, there are healing periods and distinctions between loss of half of the finger verses loss of the entire... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: if I accept $ from workers comp for facial scar, can I get a lawyer later on and sue employers insurance?

So do I stand a better chance of a bigger payout using a lawyer or arbitrating with workers comp myself? My scar is 3" long across my chin.

Timothy Belt
Timothy Belt
answered on Mar 23, 2017

It is very unlikely that you have a separate claim against the employer outside of workers' compensation, so once you settle the workers' compensation claim, you will not be able to go back for more money later. You are almost always better off being represented by a competent... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Can an employer refuse to pay lost wages as a result of a work related injury that may have a non work related cause?

I sustained a broken rib when pulling out a table at work to sweep around it. There was no traumatic event, just pulling on the table. I have been out of work for almost 3 weeks. They are reviewing further to see whether they are going to pay wages from the time I have not been able to work... View More

Timothy Belt
Timothy Belt
answered on Mar 21, 2017

An employer can always dispute the compensability of an injury. One of their arguments could be that the incident at work did not cause the injury. Your question is a little confusing since you indicate the injury has "a non work related cause." If the injury was not caused by your... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If your employer didn't have workers comp coverage and you are injured on the job can you apply for PA unemployment ?

while working on a commercial construction job I was injured where the subcontractor didn't have workers comp insurance covering me,so I applied for PA unemployment compensation once I found this out while seeking legal representation and have been receiving the unemployment,I missed out on... View More

Timothy Belt
Timothy Belt
answered on Mar 18, 2017

If you are otherwise eligible for unemployment, the work injury has no impact on that entitlement, so you can apply for and receive unemployment. This is true whether or not your employer has workers' compensation insurance. As you have correctly stated, if you receive unemployment, a credit... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: As far as the UEGF I have read alot where they are underfunded and it's hard to get approved,thoughts?

Also being the subcontractor I worked for didn't have worker's comp are they open to being sued in any way ?

Timothy Belt
Timothy Belt
answered on Mar 15, 2017

The UEGF is underfunded and they tend to fight everything, so you are correct that in most cases claims involving the UEGF need to be litigated to decision.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Thoughts on getting injured working for a subcontractor who's coverage didn't cover me

Contractor is from NJ and did not have workers comp covering me as a PA worker living and working in PA on a commercial project,policy only covered his NJ employees working in NJ or traveling,Claim was denied by insurance company due to this.

You think the best measure is going after the... View More

Timothy Belt
Timothy Belt
answered on Mar 15, 2017

To properly answer your question, a full review of all of the facts including the injuries suffered and level of control asserted by the varies parties would be necessary. I strongly suggested that you contact a local workers' compensation attorney to fully review your claim.

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2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: WC, post 2nd surgery. 1st surgery off for 8 weeks. 2nd surgery so far 4 weeks. The pain has not resolved.

Was told today if I don't return to work next week my position will be posted and I "will have to seek other employment". What are my options? Also how can I be fired while out per my surgeons orders and this is Workers' Comp?

Timothy Belt
Timothy Belt
answered on Mar 8, 2017

Workers' compensation does not provide any additional job security; however, losing your job for being unable to return does not mean that your workers' compensation benefits stop. If you are receiving benefits under an accepted claim, your benefits continue until the employer/carrier... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I sue/file a lawsuit if an insurance company doesn't complete the settlement agreements?

Settlement included 9 months worth of compound cream, there was not a time limit on the 9 months. After paying for 4 months worth I received a successful experimental treatment. After 1.5 years the treatment no longer worked and I went to order a refill and it was denied twice. Since it was part... View More

Timothy Belt
Timothy Belt
answered on Mar 1, 2017

If you were represented by an attorney in the settlement, you should contact him first since he is already familiar with your claim. Regardless, the language of the agreement would control. It would be unusual for a carrier to leave potential entitlement open in the fashion you describe, but... View More

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4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: can I file a workman compensation or sue the employer what are my options

I was working on my part time job where the guy pays all his employees cash. I am a plumber while on the job a piece of pvc ricashaied into my right eye and reputed it the doctors said that I may not regain vision in the eye and I have numerous surgeries to try and save the eye because the lense on... View More

Timothy Belt
Timothy Belt
answered on Mar 1, 2017

You definitely have a potential workers' compensation claim. The fact that you were working for cash will complicate the claim. I would suggest that you contact a local workers' compensation lawyer as soon as possible.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Fell in January 11 and diagnoised with concussion and Post CS. How do wages get paid through Workman's Comp?

Fell January 11th. Been sending Bills to carrier. Carrier has only sent a prescription card. Haven't recieved a paycheck from work. How do I get lost wages paid to me until the doctors send me back to work.

Timothy Belt
Timothy Belt
answered on Mar 1, 2017

The workers' compensation carrier only has 21 days from the date the injury is reported to accept or deny your claim and initiate payment. Since that period has past, it is fair to assume that the carrier has at least denied liability in regard to wage loss payments. To obtain payment of... View More

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1 Answer | Asked in Business Law and Workers' Compensation for Pennsylvania on
Q: I am a small business owner and I have franchises business.I don't have any employee, do I need WC insurance?

My franchiser charge me worker compensation insurance on my annual sale income just after sale commissions . I have no employee at all. My franchiser's head office is in Huston, TX but the actual business location is in Pittsburgh, PA.

Timothy Belt
Timothy Belt
answered on Feb 28, 2017

It is possible that this charge is to provide the franchiser with coverage in case you are injured and attempt to pursue a workers' compensation claim against them. You would really have to review your franchise agreement and potentially talk to the franchiser's office to determine why... View More

2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: I'm a nurse and injured my rhomboid muscle, was off three days of work and they are taking my sick time, is this legal?
Timothy Belt
Timothy Belt
answered on Feb 27, 2017

Since you were off for less than a full 7 days, you would not be entitled to wage loss benefits. If your employer normally treats incidents of this sort against sick time, there is nothing illegal about this approach.

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3 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: As a delivery driver, I was robbed at gunpoint. Do I qualify for workmans comp?

I was robbed at gunpoint while on a delivery and now I'm horribly terrified and anxious to go back to work. I've also been having nightmares since it happened on Jan 27th. Now, especially since I have to testify soon, my anxiety has hit an all time high. My company told me initially to... View More

Timothy Belt
Timothy Belt
answered on Feb 23, 2017

You may have a claim. This depends on whether you are able to obtain a medical opinion indicating that you suffered an injury and if there isn't a physical injury, you will also need to show that the totality of the facts constitute an abnormal working environment. Since your claim has been... View More

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