Questions Answered by Glenn Neiman
Q: Does WorkComp cover travel to work & going home from the job?
broke leg en route
Usually not, as the basic act of commuting to work is not part of the "scope and course" of working, so it is usually not covered by the PA Workers' Compensation Act (unless you are a "travelling" employee, with no fixed place of employment). However, there are exceptions to this rule, such as how... Read more »
Q: What does this mean: according to evidence if record: the recurrence is for medical care only claim is in open status
Adjudication if claimed recurrence is not necessary & no further action will be taken in regards to this claim
Honestly, I simply cannot tell what that means on the part you have quoted. Assuming this is a decision from a Judge, I would need to see the entire decision to be able to tell what is going on. If you have an attorney, obviously your attorney is the best one to tell you what this means, and how... Read more »
Q: I haven't received any treated for my ankel in 10 months i was stucked by a forklift.WMC doctor say I have deformity
They took an mri of the foot not the ankel both doctors worte down.how long do i wait more for treatment.and with no back pay also.I have a lawyer but its taking so long for treatment.
I am so sorry this happened to you. Having your valid claim denied can be very frustrating, to say the least. The best person to give you an answer with regard to the timing of your case is your attorney. Only he or she knows the details of your case and can provide some estimate for how long it... Read more »
Q: Why did the workmans adjuster got replaced with a lawyer.thank you
I agree with Mr. Belt. That suggests they are preparing litigation against you to lower or stop your benefits. Consult with an attorney certified as a specialist in workers compensation law.
Q: Please if you can let me know now that its taken so long what can i do to further .
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 went... Read more »
I agree with Mr. Jaffe and Mr. Belt. Cases take varying times, depending on the facts of each case. Every litigation is different, since every case has different facts. The only one who can answer this question is your attorney. I will note, unfortunately, it is not unusual to litigate a case... Read more »
Q: my dr told me to be off and they are dyeing my work comp I can not return till I PT what do I need to do to fight this
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
The answer is that you need to consult with an attorney, preferably one certified as a specialist in workers' compensation law, asap. A Claim Petition will need to be filed and litigated. An attorney can explain in more detail how this will work based on the facts in your case. Good luck!
Q: Unpaid Medical Bills
I had a workers compensation settlement in April 2015. They agreed to pay medical until the date of settlement. Last year I found out there was unpaid bills. The rep stated my medical provided was coding them wrong. Both the billing dept and the comp carrier said it would be taken care of. This... Read more »
Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether... Read more »
Q: Does workers comp pay for time off work for physical therapy
I returned to work on light duty after shoulder surgery , The doctor has ordered physical therapy . I go to therapy 3 days a week . I work 7-3 and I leave work 2 1/4 hour's early to go to therapy , does workers comp pay for those hours lost from work ?
Generally speaking, if the treatment is available outside your work hours, but you miss work to have the treatment, you would not be entitled to workers’ compensation benefits for the time/wages you lose. You should meet with an attorney certified as a specialist in workers compensation law to... Read more »
Q: I injured my dominant shoulder on the job. Do I have to accept literally cleaning bathrooms, break room, fridges.
Im a heavy equipment operator but they’re light duty is being a janitor and cleaning the hepatitis type bathrooms.
Chambersburg, Pa
Generally speaking, as long as a job is within your physical capabilities, and you are qualified to perform the necessary tasks, a judge or court will not look kindly if you elect to decline a job. That said, every situation is different and you should consult with an attorney certified as a... Read more »
Q: R-shoulder labrum tear: light duty Can I be made to go against my restrictions or do a job that causes pain or a ....
Or a chance at further injury/illness.
Also for some strange reason I got wrote up for “using the wrong break room” and somehow I’m a distraction to other employees. How can I counter their childishness, I’m just trying to work and do what I’m told until this is over..
The short answer is NO, you should not be made to work beyond the restrictions placed upon you. The longer answer is that you should immediately contact an attorney certified as a specialist in PA workers' compensation law, whether my firm or another of the fine attorneys on this board, so you can... Read more »
Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?
There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board
As Mr. Palutis indicated, an employer is required to report a work injury to the PA Bureau of Workers’ Compensation. This is to be done by a specific form, Employers’ Report of Injury. Failure to report the injury could lead to penalties for violating the PA Workers’ Compensation Act.... Read more »
Q: Can the insurance company schedule an IME with a dr that is I’ve 90 minutes from my home?
It’s a PA claim. I live 10 minutes from Philadelphia.
The scheduling of an IME is basically whatever a judge would find reasonable. Often, the judges give great latitude to the insurance companies on this, but every situation is different. This would vary depending on the type of injury, where you live and where they want you seen. Talk to an... Read more »
Q: Can FMLA leave be combined with workers' compensation?
I agree with Mr. Belt. Workers’ compensation and FMLA accomplish different goals and can be taken together. Workers’ compensation provides wage loss and medical benefits, but does not protect your job. On the other hand, FMLA does not give any monetary or medical benefits, but does provide... Read more »
Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you! Peace of... Read more »
Q: I broke my wrist shelving boxes at my employer's warehouse. When I went to HR to ask how to file workers' comp paperwork
I was told the company doesn't have workers' comp insurance. Is this legal? What do I do now?
No, this is illegal. In fact, your employer’s failure to carry workers’ compensation insurance in PA is a crime. You need to immediately get an attorney, preferably one certified as a specialist in workers compensation law. There are now very short time frames for filing claims when no... Read more »
Q: I work for a small company of under 20 people. Is my employer required to offer workers' compensation?
There is no minimum number of employees to require an employer to have workers' compensation coverage in PA. Even if an employer has a single employee, the employer, by law, must have PA workers' compensation insurance. Failure to carry workers' compensation insurance in PA is a crime and can... Read more »
Q: Can part time employees get workers comp?
I agree with my colleagues - while the number of hours an injured worker works a week would have an impact on the amount of wage loss benefits the injured worker would receive, there is no minimum earnings required to be eligible for workers' comp benefits (similarly to there being no minimum time... Read more »
Q: Is my employer required to pay me to go to doctor visits? I don't think I will be out long enough for comp to pay me.
I will only be out of work for 2 or 3 days.
First, an injured worker is not entitled to any wage loss benefits unless he or she is out of work for seven days (if out 13 days or more, then it is retroactive to the first day). Second, time lost to medical treatment is generally not compensable unless it is for treatment that cannot be... Read more »
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?
I agree with Mr. Belt. You need to meet with an attorney certified as a specialist in workers compensation law immediately. Ultimately it is up to a Judge which doctor’s opinion is more credible, but just because an IME doctor says something does not make it so. Good Luck!
Q: I've heard that as an independent contractor, I can't get workers' comp - is that true?
I agree with Mr. Buterbaugh. The evaluation into whether someone is an "employee" or an "independent contractor" can be complicated. What the parties call the relationship is often not the end result. But, yes, an independent contractor is not covered by workers' compensation insurance (but does... Read more »
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