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Questions Answered by Mark A. Buterbaugh
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

Mark A. Buterbaugh
Mark A. Buterbaugh answered on Feb 3, 2019

If the poisition is within YOUR doctor’s restrictions, then not performing duty can have significant negative impact on your claim and benefits. My suggestion is contact an experienced workers compensation attorney to help protect your benefits and guide you through the complexities of the claim... 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..

Mark A. Buterbaugh
Mark A. Buterbaugh answered on Feb 3, 2019

The short answer is No. You should follow your treating doctor’s restrictions. It will likely draw a suspension petition from the insurance carrier when you do not accept the position. That being said, if you are offered light duty, you should immediately speak to an experienced workers... 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?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Dec 11, 2018

You would be best to sit down and speak with an experienced workers compensation attorney. You provide little facts, so determining a quick answer is out of the question. Fact is, in many cases, you have a workers compensation claim and a third party claim.

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can part time employees get workers comp?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Oct 12, 2018

Yes. The fact an employee is full-time, part-time, or temporary doesn't matter. It certainly impacts the average weekly wage. However, if you are hurt at work, no matter how many hours you were, you are entitled to workers compensation benefits.

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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.

Mark A. Buterbaugh
Mark A. Buterbaugh answered on Oct 11, 2018

Generally, no they are not. If you have to attend an Independent Medical Exam by the insurance carrier, and drive yourself, then yes, they must reimburse you for that. The issue revolves around treatment is considered local. If treatment is available locally, then you are not entitled to... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Am i required to first let my employer know I've been injured before I file a claim? Can I get penalized?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Sep 26, 2018

First thing you should do whenever an injury occurs at work is report the injury to your employer. That is number one priority. You have 20 days to report the injury to get benefits back to day you stopped working. If you do not report the injury within 120 days your claim will be barred. Just... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can my employer force me 2 work on light duty 4 another company or entity if they can't provide work 4 my restrictions?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Sep 24, 2018

They are permitted to provide work within your restrictions. At a different entity as well. Failing to to that light duty would put your wage loss benefits in jeopardy.

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1 Answer | Asked in Social Security for Pennsylvania on
Q: Hurt on the job, went to see a lawyer about SSDI and he refused to take my case !

I got hurt on the job and had my arm crushed and lost my right thumb. I worked for 24 years with one company and then they closed so I found another job, worked there for 2 years and they closed. Then my husband got sick so I didn't work for about five years. After he passed away I found another... Read more »

Mark A. Buterbaugh
Mark A. Buterbaugh answered on Sep 18, 2018

More than likely you do not have current insured status. To be eligible for SSDI, you have to have enough work credits. Kind of like Unemployment. Check with your local SSA office and inquire with them what your 'date of last insured' is. For example, if your date of last insured is 3/31/2018,... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If am am sent for tests or diagnosis during work hours do I still get paid for the time I am away from work?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Sep 18, 2018

My suggestion, as with all work injury cases, is to obtain an experience workers compensation attorney to help guide you through things like pay, wage loss, and medical benefits. The benefits and rights are just too important.

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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?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Aug 31, 2018

It is a little more complicated than that. There are specific facts and tests to determine fi you are an actual independent contractor compared to an employee. Your best bet is to speak with an experienced workers compensation attorney. If in fact you are a true independent contractor, then you... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I already had a bad back, but then it got aggravated at work, am I still able to get workers comp?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Aug 17, 2018

Absolutely. Aggravation of a pre-existing condition is a separate and distinct work injury. You need to obtain the medical evidence and opinion on aggravation of the condition. I recommend hiring an experienced Pennsylvania workers compensation attorney to assist you. Often times, aggravation... 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.

Mark A. Buterbaugh
Mark A. Buterbaugh answered on Jul 24, 2018

To maximize your settlement opportunity you need to contact an experienced workers compensation attorney right away. That attorney can walk you through the steps of a potential settlement.

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