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Questions Answered by Glenn Neiman
2 Answers | Asked in Workers' Compensation for Pennsylvania on
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

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jan 16, 2019

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 »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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..

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jan 16, 2019

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... Read more »

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2 Answers | Asked in Employment Law, Workers' Compensation and Insurance Bad Faith for Pennsylvania on
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

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jan 9, 2019

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 »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
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.

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jan 8, 2019

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 »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can FMLA leave be combined with workers' compensation?
Glenn Neiman
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Glenn Neiman
answered on Dec 26, 2018

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 »

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4 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
Glenn Neiman
PREMIUM
Glenn Neiman
answered on Dec 11, 2018

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!... Read more »

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

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Nov 26, 2018

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 »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I work for a small company of under 20 people. Is my employer required to offer workers' compensation?
Glenn Neiman
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Glenn Neiman
answered on Oct 25, 2018

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... Read more »

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

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... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
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.

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Oct 11, 2018

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 »

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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?

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Sep 13, 2018

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!

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I've heard that as an independent contractor, I can't get workers' comp - is that true?
Glenn Neiman
PREMIUM
Glenn Neiman
answered on Aug 31, 2018

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'... 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.

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jul 24, 2018

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.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What's the maximum amount of time I can take off for a slip and fall injury sustained in the workplace?
Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jul 13, 2018

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... Read more »

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: i was placed on light duty awaiting surgery on my shoulder. There is really no light duty. What can I do?

I have a torn rotor cuff and I am awaiting surgery. Which my restrictions there is very little i can do. What should I do? Should I talk to my boss about going back to the Dr and have him change me to not being able to work due to my injury? If no work that I can do i will be sent home and would... Read more »

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jun 28, 2018

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).... 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

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Jun 11, 2018

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.

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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
Glenn Neiman
PREMIUM
Glenn Neiman
answered on May 16, 2018

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.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: how hard is it to change lawyers in a workmans comp case

the case is 20+ years old

Glenn Neiman
PREMIUM
Glenn Neiman
answered on May 13, 2018

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!

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How do I know whether a workplace injury will be covered by workers' compensation?
Glenn Neiman
PREMIUM
Glenn Neiman
answered on Apr 20, 2018

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... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.

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

Glenn Neiman
PREMIUM
Glenn Neiman
answered on Apr 19, 2018

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... Read more »

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