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Pennsylvania Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Am I entitled to my husband workmen’s check? He just passed today. He has several months of checks due.

These checks I am requesting are the checks due up until today.

Timothy Belt
Timothy Belt
answered on Apr 15, 2024

Workers' compensation pays wage loss and medical bills related to the work injury. Wage loss and medical would end as of the date of death. Therefore, if you are talking about ongoing wage loss benefits, you would not be entitled. If you are talking about past due wage loss, you may be... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos were false and made up information and my injury still needed treatment.as she restarted my Ttd payments and ordered treatment for injury can I file a case against the defense attorney... View More

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

This is a question of credibility for the judge and it sounds like he ruled in your favor. You cannot pursue a separate claim against the defense lawyer or doctor for the evidence presented. Hopefully the judge outlined these issues in his decision which will then be part of the records reviewed... View More

2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

James L. Arrasmith
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answered on Mar 22, 2024

If you believe that your lawyer and doctor have intentionally provided false information in a legal setting, it's critical to address this issue seriously. Both legal and medical professionals are bound by ethical standards that prohibit dishonesty and misconduct. If these standards are... View More

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1 Answer | Asked in Workers' Compensation, Insurance Bad Faith and Medical Malpractice for Pennsylvania on
Q: I was diagnosed with severe bilateral carpal tunnel by workmen's comp specialist went back to spine surgeon he felt my c

Cervical spine was why I had pain numbness in both hands ask about carpal tunnel he said he would address that after Anterior 567 fusion surgery? Never happened he then did a c3c4 mobi disc replacement.out at MMI? Still have sever numbness a pain and adjuster denying treatment for carpal tunnel?... View More

Glenn Neiman
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answered on Mar 22, 2024

As we so often say, you should consult with an attorney certified as a specialist in workers' compensation law (whether my firm or another of the fine attorneys on this board). If the doctor is saying the carpal tunnel syndrome is related to the work injury, there may need to be litigation to... View More

Q: Second opinion doctor finds I'm not at MMI and need revision surgery after MRI is misread by radiologist and 1st doctor

Year and a half delay for revision do to adjuster ordered a 3rd opinion 3 months later what to do?

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

If you have an attorney discuss this problem with them. If you do not have an attorney, you really should obtain one. There may be ways to move your treatment forward more quickly despite the adjuster.

1 Answer | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Pennsylvania on
Q: I was wrongfully found to be at MMI by treating doctor as I was still in pain from my injuries and found to be not fuse

Adjuster ordered new MRI upon reading my results radiologist says I'm post cervical c3457 fusion surgery with no stenosis at any level a unremarkable exam?I followed up with the second opinion doctor the adjuster sent me to and provided him with a copy of disc He was only giving a report of... View More

Glenn Neiman
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answered on Mar 22, 2024

I can answer half of your question - my firm only handles workers' compensation matters, so I cannot comment on any medical malpractice issues. As to workers' compensation, it matters greatly whether you are actually at Maximal Medical Improvement (MMI). A finding of MMI can lead to a... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I apply for state insurance if I am receiving workmans comp. I'm in Pennsylvania.
Timothy Belt
Timothy Belt
answered on Feb 27, 2024

Sure you can apply. Depending on how much you are receiving in workers' compensation, you may or may not be financially eligible.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Got injured at work in Nov. I received a letter that said Amended Notice of Payable Compensation. What does it mean?
Timothy Belt
Timothy Belt
answered on Feb 24, 2024

It means that changes may have been made from the original Notice of Compensation Payable. Read it and compare it with prior Notices received. The Amended Notice may not contain any changes, but it is better to carefully review just in case.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Accept 2nd settlement?2.5 yrs of week amount PT work.Herniated disc 1.5 yr ago.Concerned over low amount/future issues.

Hurt w/herniated disc 1.5 yr ago. After fee I get 32k/past MED.Hired great lawyer.Week prior to going full time I hurt disc & got pay raise. So wk/amount # is skeewed.Recent MRI shows persistent,slight progressive disc pathology.Dont think future MED/wages/past & future... View More

Timothy Belt
Timothy Belt
answered on Feb 1, 2024

By way of general information, workers' compensation is not like personal injury where you can obtain additional money for pain and suffering, loss of enjoyment of life or loss of opportunity. Workers' compensation awards-assuming there is not a death, loss of use of a body part or... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: I collected workers comp due to covid but the manager that disobeyed higher ups and put me in a covid inffested area

the manager and i work for different company's can i sue?

Timothy Belt
Timothy Belt
answered on Aug 1, 2023

If the manager works for a seperate company, you may have a cause of action against him and possibly his employer. I would suggest that you contact a local attorney to review your options.

Q: Police officer hurt in line of duty, car accident. 2 years Heart\Lung. Failed suicide. Approved pension denied by Chief.

Police officer hurt in line of duty, car accident. On Heart & Lung for two years. Removed from Heart & Lung and placed on admin leave and workmen's comp after Failed suicide attempt. My doctor said I could no longer be a police officer due to the accident. Sent for independent... View More

Timothy Belt
Timothy Belt
answered on Jul 6, 2023

This is a complicated fact pattern, and you really should meet with a workers' compensation attorney in your area. From the limitted information available, you certainly appear to have a workers' compensation claim. You should know that taking the pension may reduce the amount you... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Pennsylvania on
Q: Why is it hard suing a Dr. for Surgical Malpractice, who works with W.C.?

Was hurt at work, just some bruising, no breaks, no fractures. Plate and screws were rejecting within first hour after surgery. 2 months later, still with infected and now wide open surgical area, the hardware had to be removed or I was going to lose my foot and ankle. The plate and screws were... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 1, 2023

Consult with experienced medical malpractice attorneys in the state where this occurred that do not handle work-comp. That way the attorneys will not be concerned with a conflict with work-comp doctors.

Medical malpractice means that a doctor violated the standard of care. A bad outcome...
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1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Litigation for Pennsylvania on
Q: can a company lie about their starting salary online?

Im applying for a job at 31.80$ an hour. After passing the interview and the day before orientation I notice on the website they had changed it online to 22$ a hour. If they try to change it when I go to orientation tomorrow can I sue?

Timothy Belt
Timothy Belt
answered on May 24, 2023

No you cannot sue. An employer has to pay at least minimum wage, that's it. They can even reduce the pay for existing employees if there is no contract with proper notice.

1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for Pennsylvania on
Q: I have permanent scar tissue on my nose from a pair of safety glasses cutting in and ripping the skin off can I sue

I wear prescription glasses and had to wear a pair of safety glasses over top of the prescription glasses the safety glasses had a sharp edge on the bottom and kept ripping into my skin kept cutting in my skin I tried many different pairs of the safety glasses and they all did the same thing they... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It sounds like you may be working in an industrial, lab, or other setting where the glasses may be part of your safety gear in the course of your employment. If that's the case, it's possible you... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I am on workers comp already and I want to know if I can settle with them so I can leave the company

I am a phlebotomist and I hurt my thumb at work it is a contusion to the thumb with tendent injury that caused mild to severe carpal tunnel it has been a little over six months I have been working the whole time but on restrictions mainly no use of right hand now I m on a one pound weight limit... View More

Glenn Neiman
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answered on Mar 18, 2023

You need to sit down with an attorney, preferably one certified as a specialist in workers compensation law, to talk about your options. When (and how) to settle a case is a crucial time in the case and should never be done without the advice and assistance of an experienced attorney. Settlement... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I am wondering if I'm a victim of employment retaliation or breach of confidentiality.

I'm on workers comp for 13 + months. I ve been told since July I was replaced in my job and being sent to night shift . My job was Monday - Friday 6:30 am - 3 pm. I've been there 32 years . I have never received any info on this from HR and nothing at all from my union. Emails were... View More

Timothy Belt
Timothy Belt
answered on Nov 13, 2022

Sadly, workers' compensation does not provide you with any guarantee that you will be returned to the same shift or even the same job title as before your injury. However, if you fail to report to an offered position within your work restrictions it may result in a reduction or even... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I sue my employer for "rigging" a saw machine that broke and caused partial loss of 3 fingers? I received my WC pay.

I know about Third Party Suits but I think the machine manufacturer is no longer in business. The company I worked for rigged the machine to suit its manufacturing needs. I incurred 3 partial amputations on my fingers because the machine was not running properly and broke. In addition to this, I... View More

Timothy Belt
Timothy Belt
answered on Apr 20, 2022

First, this is a complicated situation that you really should be handling through a workers' compensation attorney rather than attempting to do it on your own.

In regard to the negligence case, there would not be a claim for product liability if your employer modified the machine,...
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1 Answer | Asked in Workers' Compensation and Car Accidents for Pennsylvania on
Q: About no fault

I was involved in a car accident on October 2020 in NY, I live in PA and did not hire an attorney because my insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was... View More

Glenn Neiman
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answered on Mar 2, 2022

The first answer is that you should immediately consult with an attorney about the facts specific to your case. You are asking for legal advice, but on these boards, we can only provide general legal information. From the facts you gave, I am unclear about your situation. Were you driving for... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Reciving part work comp.then Hospitalized 4 covid,now on short term disability.Does workers comp owe me up to weekly avg

On partial workers comp. I am working 40 to 45hrs

My normal is 55+ therefore I receive a partial workers comp check every week. 2/3 of amount below my average weekly rate.

I contracted covid and was hospitalized for 2 weeks and am now on short term disability (paid for by my... View More

Timothy Belt
Timothy Belt
answered on Dec 23, 2021

Since you are out for a reason other than the work injury, you would not be entitled to payment of the full rate. However, assuming your restrictions and the availability of work has not changed, you should be entitled to continuation of the partial wage loss benefit that you were receiving.

Q: EEOC Notice to Sue Letter ends November 27th

Workers compensation, work-related injury, fired because I reported sexual harassment while on the job. Received EEOC Notice to Sue letter scheduled to end November 27th. I need representation.

Timothy Belt
Timothy Belt
answered on Nov 10, 2021

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