Questions Answered by Glenn Neiman
Q: I injured my dominant shoulder on the job. Do I have to accept literally cleaning bathrooms, break room, fridges.
Glenn Neiman's answer
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 specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board, for advice specific to the facts of your case. Good luck!
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 specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board, for advice specific to the facts of your case. Good luck!
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 ....
Glenn Neiman's answer
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 have someone in your corner, to protect your rights. I am sorry this happened to you, but do not let yourself be a victim more than is necessary. Good luck!
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 have someone in your corner, to protect your rights. I am sorry this happened to you, but do not let yourself be a victim more than is necessary. Good luck!
Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?
2 Answers
| Asked
in
Employment Law, Workers' Compensation and Insurance Bad Faith
for
Pennsylvania
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Glenn Neiman's answer
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. Regardless, an injured worker should not wait for the employer to act. Meet with an attorney certified as a specialist in workers compensation law and get advice specific to the facts of your case. Good...
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. Regardless, an injured worker should not wait for the employer to act. Meet with an attorney certified as a specialist in workers compensation law and get advice specific to the facts of your case. Good...
Q: Can the insurance company schedule an IME with a dr that is I’ve 90 minutes from my home?
Glenn Neiman's answer
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 attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. Good luck!
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 attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. Good luck!
Q: Can FMLA leave be combined with workers' compensation?
Glenn Neiman's answer
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 job protection.
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 job protection.
Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
Glenn Neiman's answer
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 mind.
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 mind.
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
Glenn Neiman's answer
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 insurance is available. Do not wait!
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 insurance is available. Do not wait!
Q: I work for a small company of under 20 people. Is my employer required to offer workers' compensation?
Glenn Neiman's answer
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 lead to a fine and/or imprisonment.
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 lead to a fine and/or imprisonment.
Q: Can part time employees get workers comp?
Glenn Neiman's answer
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 an employee has been on the job to be eligible for workers' comp benefits). Good luck!
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 an employee has been on the job to be eligible for workers' comp benefits). Good luck!
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.
Glenn Neiman's answer
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 obtained outside of work hours (an aspect of the Act I hate - how is that fair, forcing an injured worker to use his or her own time to treat for a work injury?). Good luck!
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 obtained outside of work hours (an aspect of the Act I hate - how is that fair, forcing an injured worker to use his or her own time to treat for a work injury?). Good luck!
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
Glenn Neiman's answer
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!
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?
Glenn Neiman's answer
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 have the availability of a civil suit, if there was negligence). I would urge you to consult with an attorney certified as a specialist in workers' compensation law. Good luck!
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 have the availability of a civil suit, if there was negligence). I would urge you to consult with an attorney certified as a specialist in workers' compensation law. Good luck!
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?
Glenn Neiman's answer
They have an attorney negotiating on their behalf - so should you. No attorney can answer your question, since negotiating a settlement is a complicated process, and requires far more information than we have.
They have an attorney negotiating on their behalf - so should you. No attorney can answer your question, since negotiating a settlement is a complicated process, and requires far more information than we have.
Q: What's the maximum amount of time I can take off for a slip and fall injury sustained in the workplace?
Glenn Neiman's answer
There is no maximum time one can be “totally” disabled. As long as your doctor says you are disabled from work as a result of your injury, you should be entitled to workers’ compensation benefits (though a doctor retained by the insurance carrier may feel differently, and litigation may be required). I would urge you to consult with an attorney certified as a specialist in workers compensation law, to fully understand your rights.
There is no maximum time one can be “totally” disabled. As long as your doctor says you are disabled from work as a result of your injury, you should be entitled to workers’ compensation benefits (though a doctor retained by the insurance carrier may feel differently, and litigation may be required). I would urge you to consult with an attorney certified as a specialist in workers compensation law, to fully understand your rights.
Q: i was placed on light duty awaiting surgery on my shoulder. There is really no light duty. What can I do?
Glenn Neiman's answer
The first thing you should do is meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. You are asking for legal advice, which we cannot do on these boards (we can only give general legal information here). Generally speaking, it is up to the employer whether to provide work consistent with the physical restrictions of an injured worker, and if work is not available within those restrictions, generally, the...
The first thing you should do is meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. You are asking for legal advice, which we cannot do on these boards (we can only give general legal information here). Generally speaking, it is up to the employer whether to provide work consistent with the physical restrictions of an injured worker, and if work is not available within those restrictions, generally, the...
Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?
2 Answers
| Asked
in
Workers' Compensation, Appeals / Appellate Law and Sexual Harassment
for
Pennsylvania
on
Answered on Jun 11, 2018
Answered on Jun 11, 2018
Glenn Neiman's answer
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.
Q: Am told I needed 5 grand for a deposition. Then I'm told the other party paid for it is this possible
Glenn Neiman's answer
Most attorneys, in most cases, pay for all litigation costs, including depositions. There are, of course, exceptions to every rule. Sit down with your attorney and have him or her explain the situation.
Most attorneys, in most cases, pay for all litigation costs, including depositions. There are, of course, exceptions to every rule. Sit down with your attorney and have him or her explain the situation.
Q: how hard is it to change lawyers in a workmans comp case
Glenn Neiman's answer
I would suggest you meet with an attorney certified as a specialist in workers compensation law, as your question is impossible to answer without more information. We don’t know the status of the case, which would be an important factor. Good luck!
I would suggest you meet with an attorney certified as a specialist in workers compensation law, as your question is impossible to answer without more information. We don’t know the status of the case, which would be an important factor. Good luck!
Q: How do I know whether a workplace injury will be covered by workers' compensation?
Glenn Neiman's answer
Whether it will be covered is usually easy - the vast majority of employees in PA are covered by workers' compensation. Federal employees are under a different system, as are railroad, harbor and military, but most people are covered by workers' compensation. The better question may be whether your claim would be accepted. Regardless, the best way to find out if you are covered, and whether you should be entitled to benefits, is to have your case reviewed by an attorney who is Certified as a...
Whether it will be covered is usually easy - the vast majority of employees in PA are covered by workers' compensation. Federal employees are under a different system, as are railroad, harbor and military, but most people are covered by workers' compensation. The better question may be whether your claim would be accepted. Regardless, the best way to find out if you are covered, and whether you should be entitled to benefits, is to have your case reviewed by an attorney who is Certified as a...
Q: When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.
Glenn Neiman's answer
Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your Average Weekly Wage (AWW). From there, the compensation rate is calculated. Since mistakes are often made by the workers' compensation insurance carrier in this area, it is always a good idea top...
Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your Average Weekly Wage (AWW). From there, the compensation rate is calculated. Since mistakes are often made by the workers' compensation insurance carrier in this area, it is always a good idea top...
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