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Questions Answered by Alexander Palutis
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Still working after injury. Must I use accrued PTO for WorkersComp Dr. appointments? Will WorkersComp reimburse my PTO?

I am still able to work after suffering a work related injury. However, medical visits/therapy are necessary. Unfortunately, these appointments are only available during working hours. My employer is forcing me to use my accrued PTO for this time. This seems unfair to me, unless I am able to be... Read more »

Alexander Palutis
Alexander Palutis answered on Sep 21, 2019

If you are not able to schedule your doctor’s appointment before or after work and you have an accepted Pa Workers’ Compensation Claim, then your employer would need to pay you Partial Wage Loss Benefits for the time you miss from work due to your attending the appointments. You should be able... 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

Alexander Palutis
Alexander Palutis answered on Jan 9, 2019

Your employer is required to report your work injuries to their insurance company and the State. There are several reporting requirements for both the employer and the injured worker. Therefore, I recommend that you contact a Board Certified Workers’ Compensation Attorney to discuss your... 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.

Alexander Palutis
Alexander Palutis answered on Jan 8, 2019

Yes, the insurance company can schedule this exam that far away from your home. They must, however, provide transportation to and from the IME. If this presents a hardship, you can request the insurance company schedule an IME closure to your home. But, in all likelihood, you should contact a Board... Read more »

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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 »

Alexander Palutis
Alexander Palutis answered on Jun 28, 2018

You should make certain to report your injury as work related. That will insure that your employer reports this to their Workers’ Compensation Insurance Cartier.

If they investigate and accept your claim, then Workers’ Compensation will cover your wage loss and medical bills....
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If a claim was made but not filed in may,my 3yrs expired this may,am I still eligible for Workers comp

Also I had a lawyer for 2yrs decided not to pursue,this lawyer closed,my job didn't report the injury. Said I quit but was fired. I reported to hospital 1- two days after for the injury. Then I just got a call from hospital saying they have a claim and don't know where to send it from may? But my... Read more »

Alexander Palutis
Alexander Palutis answered on Jun 13, 2018

Unfortunately, there is a 3 year statute of limitations for filing a claim petition under the Pa Workers’ Comp Act Section 315.

If you never filed a claim or received any benefits within 3 years of your date of injury, then any claim you would make now would be bared by this statute of...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: When I receive my accident lawsuit payment - do I have to: (1) PAY Workmans Comp, back the monetary settlement they gave

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 »

Alexander Palutis
Alexander Palutis answered on Feb 9, 2018

You are best served by following the advise of your attorney. If you would like a second opinion, you should directly contact a Pa Workers’ Compensation Certified Law Specialist in your area. Generally speaking, the employer and its workers’ compensation insurance company have an absolute... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is it true that in Pennsylvania you don’t get paid the first week out of work on workers comp
Alexander Palutis
Alexander Palutis answered on Jan 29, 2018

I agree with the answer previously provided. I would just add that there is , however , no waiting period for partial disability benefits in Pennsylvania.

For example, should you miss some work due to the injury during the first or second week after your work injury and , as such, you have...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Does worker's comp pay lost wages for attending physical therapy during work hours?
Alexander Palutis
Alexander Palutis answered on Jan 26, 2018

Most times, it is preferred by workers’ compensation insurance companies that you attend P.T. during non-work hours. However, if your circumstances are such that this is not possible, then arguably you are entitled to seek partial disability benefits for the wages lost during a week where you are... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Am I required to use the company doctor for my medical treatment if I want to receive workers comp benefits?
Alexander Palutis
Alexander Palutis answered on Jan 23, 2018

You must treat from an employer preselected panel of health care providers for the first 90 days after a work injury for the bills to be paid by workers’ compensation in Pennsylvania.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Do I have to pay taxes on money I receive as workers' comp benefits?
Alexander Palutis
Alexander Palutis answered on Dec 29, 2017

Workers’ Compensation benefits in Pa. are not taxed. There are no federal,state or local income taxes on workers’ comp benefits in Pa.

2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: can employer change your hours to suit them?

was injured on the job had two surgerys for my shoulder/arm (right) still not fixed now on dr #2 first dr left practice in more pain now than I was before his two surgerys and my arm is still not fixed.

Alexander Palutis
Alexander Palutis answered on Oct 10, 2017

As long as your restrictions from your doctor allow for flexibility in scheduling hours for work, then a change in hours would likely be acceptable for an injured worker back to work after a work injury.

However, there are circumstances where the change in hours may make your ability to...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I had to quit my job after being injured -- can I still file a workers' comp claim?
Alexander Palutis
Alexander Palutis answered on Sep 29, 2017

You can file a claim for Workers’ Comp Benefits up to three (3) years after your date of injury. You must also provide notice to your employer within 120 days of the date of injury. If you had to quit your job after your injury, the reasons why you quit should be explored with a Pa Certified... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have been off since July 20,2017. Have Dr. documented superior labral tear right shoulder,c4c5c6 damage with neck

What happens if I decide to not have the surgery.

Alexander Palutis
Alexander Palutis answered on Sep 26, 2017

It is obviously up to you whether or not you proceed with surgery for your presumed work related injuries to your neck and shoulder. However, the WC insurance company could try to establish that you have refused medical treatment that would, if obtained , improve your conditions by a certain... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Slipped at work and fell, was taken to company doctor, did not take an xray of my knee, been out for 2 days tomorrow

Will be going to H.R. As to the company doc put me on restrictions and they want to accommodate my recovery period.how can a doctor determine a fall without an xray?

Alexander Palutis
Alexander Palutis answered on Sep 14, 2017

In order for you to receive any Pa Workers' Comp wage loss benefits for temporary total benefits , you must be out of work for seven days. If your employer accommodates restrictions from a doctor but you have less hours and less pay, then you can receive partial benefits for your reduced wages due... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Getting ready to settle wc for a back injury. If in the future years to come if i need surgery will my blue cross pay
Alexander Palutis
Alexander Palutis answered on Aug 22, 2017

Your health insurance should cover any future treatment to your back given the fact that you will no longer have any coverage from Workers' Compensation.

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