Q: Is my employer responsible to compensate me when going to therapy when I have a work related injury but still working?
Working night shift and going to therapy during the day
The issue of receiving wage loss benefits is somewhat tricky. If you have returned to work after a work-related injury and your Claim has been accepted by the Workers Compensation Carrier you are only entitled to wage loss benefits for missing time from work if the medical provider or physical therapist is only open during regular business hours; i.e. if you work 9 AM to 5 PM and the physical therapist is open until 8 or 9 PM you would be required to get physical therapy after work, or the wage loss would not be compensable. If, however, the doctor or physical therapist only has office hours during your working hours and you miss time from work to secure treatment for your work-related injury, the time that you miss would be compensable.
It is my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to discuss your case, in greater detail, and determine your rights and remedies. The initial consultative visit would be free of charge and most Attorneys will accept your Case on a Contingent Fee Basis.
A: There are two questions, actually. There is the one you asked - whether your employer has to pay for time you lose from work as a result of a work injury. Generally, an employer need only pay for the time you are working (though arguably you could get sick time, depending on whether that is limited quantity, as it is for most employees). However, the better question may be whether the workers' compensation insurance carrier must compensate you for the time lost due to treatment for your injury. The answer to this question depends on whether the treatment you seek is available outside of your work hours (or, in other words, whether you have to miss work to get this treatment). If the treatment at issue is not available outside of your work hours, the workers' comp insurance carrier may be required to pay you partial disability benefits. This would be calculated by taking the difference between your actual earnings (lower, since time was lost for the treatment) and your pre-injury earnings. The partial disability benefit due would typically be 2/3 of this difference.
Timothy Belt agrees with this answer
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