Q: Per diem
I recently got stitches in my hand from on the job accident. However doctor put me on light duty for a week. Iam per diem but scheduled for friday and they took me off the schedule without pay. I did get treated under workers comp.I've been with this employer for 10 years. What do i do?
A: Under the Pennsylvania Workers' Compensation Act, an injured worker is not entitled to wage loss benefits for the first seven days of disability, unless the disability lasts beyond 13 days. So, the answer to your question depends on how many days you miss from work as a result of the injury.
Richard Alan Jaffe agrees with this answer
A:
In order to be eligible for Wage Loss Benefits pursuant to the Pennsylvania workers Compensation Act, as amended, one must miss at least one week of work. If you miss between 8 and 13 days, you would only be eligible for those missed days. If your work-related injury results in your missing 14 days, or more, you would then be eligible to receive Wage Loss Benefits dating back to the initial day of disability.
Assuming that your Employer has a List of Designated Physicians and had you sign the Requisite Notice of Employee Rights and Duties, you must treat with the physicians of your Employee's choice. If they continue to place restrictions upon you which your Employer is unable to accommodate, you may be eligible for wage loss benefits as noted above. If, however, you have been released to return to work without restriction after one week he would not be eligible for wage loss benefits for that missed period of time.
Should your disability persist it is my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law. The initial consultation would be free of charge and most Attorneys except Claims on a Contingent Fee Basis.
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