answered on Mar 25, 2021
I am assuming based on your question that you are already represented by an Attorney, therefor I believe this question should be posed to your Attorney who would be in the best position to answer same.
from employers W.C. carrier? How long does the employer have to accept or deny my claim?
answered on Oct 8, 2020
I am sorry to hear about your recent work injury.
Assuming you provided prompt Notice of your injury to your Supervisor or Employer their Workers Compensation Carrier has 21 days to either acknowledge or deny your Claim in accordance with Section 406.1(a) of the Act.
If it has now... Read more »
answered on Jun 29, 2020
I am sorry to hear you are having problems with your back from a work-related injury.
Unfortunately, your question does not provide enough information for me to respond. If you are treating with your primary care physician and he is telling you this because he does not want to treat a... Read more »
we are currently in a workmans comp case severe tbi. They are trying to settle for 80.000 but he is still suffering and he did not receive the proper treatment due to the dr and scheduling and were advised by our current lawyer to remain with them. My problem is he is getting worse... Read more »
answered on Apr 27, 2020
I am sorry to hear about the issues that you are having with your Claim for Workers Compensation Benefits, however, as it appears that you are represented by an Attorney these questions would best be posed of him or her as they would be in a much better position to address your concerns.... Read more »
broke leg en route
answered on Jun 18, 2019
I am sorry to hear about your injury, but it would be impossible to answer your question without further information.
In general injuries going to / from work are not covered by Workers Compensation but with every rule, there are exceptions to the “going coming” rule. It is my... Read more »
answered on May 9, 2019
I assume this is a follow up to your previous question.
As the others have responded, the Workers Compensation carrier has either initiated litigation or is responding to a Petition filed by your Lawyer.
As before it is my recommendation that you speak with your Attorney as the... Read more »
9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We... Read more »
answered on May 9, 2019
I am very sorry to hear about your work injury and the difficulty that you have been having since that time, however, as you are apparently represented by an Attorney and are already involved in litigation, the individual that would best be able to answer your questions is the Attorney currently... Read more »
I had a sonogram done and the dr said there was a torn muscle and 2 small hernias'. Work comp called me yesterday and said they are dynein my claim but my dr told me I can not return till I have PT
answered on May 9, 2019
I am sorry to hear about the problems that you are having with your Workers Compensation Claim.
Given the fact that you have been advised by the Workers Compensation Carrier that they will be denying your Claim, it is my recommendation that you promptly contact an Attorney who is a... Read more »
Two years ago I settled a workers comp claim for a back injury (herniated disc). I felt comfortable settling as my physiatrist completed a FCE and stated I could return to full duty. I started a new job, but after 8 months the pain in the back returned along with going down the left leg. My job is... Read more »
answered on Apr 19, 2019
Based upon your fact pattern, you may have sustained an aggravation of your pre-existing lower back injury which constitutes a “new” injury for the purposes of Worker’s Compensation. Obviously, there would be issues to decide whether, or not, this is a “new” injury or a “recurrence... Read more »
answered on Aug 17, 2018
Yes, and aggravation of a pre-existing condition could be considered a work-related injury if it occurred while in the course and scope of your employment, and prevents you from continued Employment.
It is my recommendation that you promptly contact an Attorney who is a Certified Specialist... Read more »
answered on Jun 29, 2018
Unfortunately, without additional information is impossible to answer your question. Parking lot cases are fact specific and some injuries occurring in the "company parking lot" are compensable and others are not.
In light of the above, it is my recommendation that you promptly... Read more »
longer to heal. The Occ. Health MD stated that I could use my FMLA benefits for a LOA and then return on light duty afterwards. Can I use my FMLA as a separate benefit and then return to complete the light duty time (only 5 weeks left) without repercussions? Or must I use them together meaning I... Read more »
answered on Jun 25, 2018
You are able to utilize FMLA Benefits in conjunction with Workers Compensation Benefits for the initial 12 weeks of your period of Disability. If you are able to return to work within the 12 week period of time your Employer is required to provide you with similar employment to your pre-injury job.... Read more »
I was employed as a CNA last year and I am now an LPN with an increased salary. I was just injured at work but they are paying me last years wages not my new wages as an LPN
answered on Apr 19, 2018
An injured worker's Average Weekly Wage is calculated pursuant to Section 309 of the Act. If you an hourly employee and have been employed with the same Employer for 52 weeks, or more, prior to your injury, your most recent 52 weeks of earnings were broken into 13 week "quarters" and... Read more »
My employer is demanding that I come in and work modified duty. They claim they have paperwork (I'm not signing anything without my lawyer) and want me to sign. Must it come from them or Workman's comp?
answered on Mar 6, 2018
If you are currently represented by counsel, it is my recommendation that you discuss these issues with your Attorney as he/she may be in a better position to address your concerns.
With that stated, assuming that your Workers Compensation Claim has been accepted with the issuance of a... Read more »
answered on Mar 1, 2018
Pennsylvania is currently a "wage loss" state, and therefore, if you Claim was accepted by a Notice of Compensation Payable and you have returned to work earning wages less than your pre-injury Average Weekly Wage then you would be entitled to Partial Disability Benefits which are... Read more »
therapy. I was told that the time would have to be taken out of my lunch or off the clock is this true?
answered on Feb 16, 2018
If the physical therapy facility is open either before or after your normal working hours, you would not be entitled to any lost wages or Partial Disability Benefits for seeking treatment during normal working hours. If, however, the physical therapy facility is only open during the same hours of... Read more »
I had an accident in 2016 and I have been in physical, speech and occupational therapy for more than 6 months. I haven't receive a single dollar from my ex employer for time loss. They are taking me to court to sign a compromise and release agreement and pay me a small sum of money to settle... Read more »
answered on Feb 11, 2018
It is difficult to properly answer your question without knowing the terms of the Compromise and Release Agreement.
If you enter into what is called a" Full" Compromise and Release Agreement, you would be foregoing your right to receive any ongoing reasonable and necessary medical... Read more »
I am not allowed to go back to work until I can do full duty. While I am off work, my employer is taking my vacation days. Is that legal?
answered on Feb 10, 2018
As you are not entitled to wage loss benefits unless you miss more than 7 days from work, some Employers require injured workers to exhaust their sick and vacation time, if they want to get paid while awaiting the Workers Compensation Carriers determination if they will accept liability for your... Read more »
I drove a tractor trailer for a U.S. mail contractor/ was rear ended by a postal tractor trailer driver in N.J. ( I live in PA) - I was on workmans comp. for my back injuries.RECEIVED a SETTLEMENT from workmans comp a few months ago. A law suit payment is being finalized in less thn 2 weeks -- I... Read more »
answered on Feb 9, 2018
As you are currently represented by counsel, these questions would best be posed of your own Attorney, rather than here on this website.
Regardless, Section 319 of the Pennsylvania workers Compensation Act, as amended, is absolute, as is the Workers Compensation Carrier's entitlement... Read more »
answered on Jan 29, 2018
In order to be eligible for wage loss benefits you must miss one week from work, and then only receive the benefits for days 8 through 13. If out 2 or more weeks, your entitlement reverts back to day 1.
It is my recommendation that you contact an Attorney who is a Certified Specialist in PA... Read more »
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