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?

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1 Lawyer Answer
Richard Alan Jaffe
Richard Alan Jaffe
  • 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

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