Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: I was out of work on workers comp from 10/3/2017 thru 12/13/2017 with 4 broken ribs. Can I go back out of work

Because I am still having pain. My hours were cut drastically when I returned. If I go out again would I get the original amount of $ or would they revise the amount according to the few hours I work now ? Also, can I get back pay for the hours that they took from me?

Related Topics:
1 Lawyer Answer
Richard Alan Jaffe
Richard Alan Jaffe
Answered
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: I am sorry to hear that you are still experiencing pain from the 4 fractured ribs that you sustained in October, 2017 while in the course and scope of your Employment.

Before I can properly answer your question, I will need to know the mechanism by which your Workers Compensation Benefits ceased when you returned to work on about December 13, 2017, and whether, or not, your Claim was acknowledged by way of a Notice of Compensation Payable or a Temporary Notice of Compensation Payable.

If your Claim was acknowledged by way of a Temporary Notice of Compensation Payable and same was "Stopped" when you return to work and the Workers Compensation Carrier then issued a Notice of Workers Compensation Denial you would then need to file a Claim Petition in order to secure any additional Benefits.

If your Claim was acknowledged by way of a Notice of Compensation Payable then you may be eligible for "reinstatement" of your entitlement to Temporary Total Disability Benefits as well as Partial Disability Benefits based upon any wage loss attributed to your work-related injury. In that regard, if your Benefits were properly "Suspended" when you return to work, then you may be eligible for additional Benefits and the Workers Compensation Carrier may be in violation of the Act if not currently paying Partial Disability Benefits based upon your Loss of Earnings.

It is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to discuss your rights and remedies. The initial consultation would be Free of Charge and most Attorneys will accept your case on a Contingent Fee Basis.

Timothy Belt and Glenn Neiman agree with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.