Stroudsburg, PA asked in Workers' Compensation for Pennsylvania

Q: Do you get paid for time missed at work due to doctors appointments while at the same job you've been injured at?

I was injured at my job almost a year ago and are still getting testing done with no treatments yet. While still employed by the place I was injured, working "light duty" but not really , I sometimes have to miss work due to these tests, but my WC says legally they don't have to pay me for the time missed.Nor does my job want to pay me for the time missed. Is this true? Should I call a WC lawyer?

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2 Lawyer Answers

A: Time missed for treatment related to your work injury is not a clear yes or no answer. If you are able to schedule the treatment outside of working hours you have an obligation to do so. If you choose not to, the carrier is not required to pay wage loss for time missed to attend this treatment. However, if the treatment is only available during working hours, you would be potentially entitled to wage loss benefits, but don't expect the carrier to pay voluntarily. In most cases a Petition would need to be filed and taken before a judge before payment is obtained. If you intend to litigate your claim in regard to such a Petition, you would certainly be better off with an attorney.

Richard Alan Jaffe agrees with this answer

A: There are several factors that go into whether, or not, you are entitled to receive Workers Compensation Benefits for time it missed while attending doctors appointments and/your physical therapy appointments during working hours.

Assuming that your Claim has already been accepted as compensable, and you have been prescribed physical therapy or must attend doctors appointments for treatment of your work injury, if said appointments can be made outside of working hours and you choose to go during the time when you should be working, neither your Employer nor Workers Compensation Carrier is required to compensate you for said missed time. If, however, you are unable to treat either before or after work due to the medical providers office hours requiring you to miss time from work for treatment of your work-related injury, you should be compensated.

As previously stated, it is a rare situation that the Workers Compensation Carrier will voluntarily make these payments and therefore, I do believe that you should probably contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to discuss your rights and remedies. Most Attorneys will accept your Case on a Contingent Fee Basis and will schedule a Free consultation.

Timothy Belt agrees with this answer

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