Brownsville, PA asked in Workers' Compensation for Pennsylvania

Q: Still working after injury. Must I use accrued PTO for WorkersComp Dr. appointments? Will WorkersComp reimburse my PTO?

I am still able to work after suffering a work related injury. However, medical visits/therapy are necessary. Unfortunately, these appointments are only available during working hours. My employer is forcing me to use my accrued PTO for this time. This seems unfair to me, unless I am able to be reimbursed for my time via Workers Comp.

Related Topics:
2 Lawyer Answers
Alexander Palutis
Alexander Palutis
Answered
  • Workers' Compensation Lawyer
  • Harrisburg, PA
  • Licensed in Pennsylvania

A: If you are not able to schedule your doctor’s appointment before or after work and you have an accepted Pa Workers’ Compensation Claim, then your employer would need to pay you Partial Wage Loss Benefits for the time you miss from work due to your attending the appointments. You should be able to receive Workers’ Compensation Benefits rather than using your PTO each time you miss work to treat for your work injury. It is best to consult with Pa Board Certified Workers’ Compensation Attorney. The facts of each case are different and the results will vary from case to case. Best of luck to you.

Glenn Neiman agrees with this answer

1 user found this answer helpful

Glenn Neiman
Glenn Neiman
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: I agree with Mr. Palutis. The key is whether the treatment at issue is available outside of work hours. If so, workers’ compensation benefits would not be available for a loss in wages due to getting this treatment. Physical therapy, for example, can be an issue in this regard. However, if the treatment is not available outside work hours, then, assuming your claim is accepted, you should be entitled to partial disability workers’ compensation benefits for your wage loss. An appointment with your specialist would be an example of this. I would suggest you consult with an attorney certified as a specialist in workers compensation law to be sure of your rights.

1 user found this answer helpful

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.