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Pennsylvania Workers' Compensation Questions & Answers
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

Use the "Find a Lawyer" function at the top of this page to locate attorney's in your area.

2 Answers | Asked in Employment Law, Personal Injury, Sexual Harassment and Workers' Compensation for Pennsylvania on
Q: Hired seasonally, then hired permanently to be fired for reporting sexual harassment, and sustained a work injury.

My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... View More

Timothy Belt
Timothy Belt
answered on Nov 10, 2021

I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with... View More

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: if you get injured at work and off on workers comp can you still sue for you injuries

fell off a ladder at a property while doing my job

Timothy Belt
Timothy Belt
answered on Oct 6, 2021

If you are injured at work, your only remedy against your employer or a coworker would be through workers' compensation. If you are a sub-contractor, or if your employer does not have workers' compensation insurance, you may be able to pursue a personal injury claim against them... View More

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Hi I have a Work Comp case currently the questions I have, what do you do when you haven't talk to your attorney

In months and they haven't responded to you about your case moving forward

Timothy Belt
Timothy Belt
answered on Sep 20, 2021

Call them up and demand a meeting. If they refuse, you have a right to take your file and go to another firm. The claim is yours, not the attorney's.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: While married you have a workers comp monthly payment. You then separate from your spouse and then are awarded a lump

settlement for future earnings. Is your spouse entitled to this lump settlement?

Glenn Neiman
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answered on Aug 26, 2021

Unfortunately, I cannot answer your question. I (and my firm) handle only PA workers' compensation cases. The question you are asking is not governed by workers' compensation laws, but by family law. I would suggest you post this on the Family Law practice area. Good luck!

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: C & R does not state anywhere the defense has paid Medicare over 30,000 in medical. how can I push to include on pag 1

I am expected to sign a C & R that does not include any amount paid to Medicare for the health costs for the direct result of assault. They take no responsibility for this. I understand they need to put this in somewhere on the C & R. They do not want to do this, they don't want... View More

Timothy Belt
Timothy Belt
answered on Aug 17, 2021

I believe I responded to you before. It is up to you. You can sign the agreement and take the risk in regard to the medical issues, or you can try to renegotiate the terms. If unable to renegotiate the terms, you can move forward to decision and take the risk that you will lose. I would suggest... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Do I contact Disciplinary Board of Supreme court of PA, or Attorney General. Or both? Or who can review the work comp

I believe my lawyer, is settling for money, although the defendant denies I was hurt at work or they will /have paid any medical expenses. I have a clients information and a report filed on the date of my assault, their doctor wrote I could have received the chronic hematomo on that date. My... View More

Timothy Belt
Timothy Belt
answered on Aug 16, 2021

First, your lawyer cannot settle without your agreement, so if you want to take the risk that you may lose in taking your claim to decision, you do not have to settle.

Second, all terms of the settlement should be within the C & R agreement. Read it carefully. If it says that Medicare...
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1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... View More

Timothy Belt
Timothy Belt
answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... View More

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... View More

Timothy Belt
Timothy Belt
answered on May 6, 2021

In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... View More

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