Yes, FMLA can run at the same time as workers' compensation. There is nothing that prohibits this.

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answered on Dec 11, 2018

I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you!... View More

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answered on Nov 26, 2018

No, this is illegal. In fact, your employer’s failure to carry workers’ compensation insurance in PA is a crime. You need to immediately get an attorney, preferably one certified as a specialist in workers compensation law. There are now very short time frames for filing claims when no... View More

If there are truly no employees, workers' compensation insurance may not be necessary. However, if anyone works for the company you may want to have the relationship reviewed by an employment attorney to make sure it isn't an employer/employee relationship.

These cases are fact specific. However, if driving to and from client appointments is part of your job duties you may have a claim and you should certainly have the totality of your facts reviewed by a local workers' compensation attorney.

It isn't the diagnoses that matters, it is the events leading up to the diagnoses. The injury has to be caused by "abnormal working conditions." Abnormal has to be very severe. For example fear of economic issues, bodily harm or even termination of employment are not enough.... View More

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answered on Oct 25, 2018

There is no minimum number of employees to require an employer to have workers' compensation coverage in PA. Even if an employer has a single employee, the employer, by law, must have PA workers' compensation insurance. Failure to carry workers' compensation insurance in PA is a... View More

First, if you feel your back problem is related to your job duties you need to report it to your employer as a work injury and fill out an accident report. Your employer should also provide you with a list of at least 6 doctors to choose from so that you can receive medical treatment. If the... View More

What you are describing is called a repetitive use injury and the date of injury would be the date reported or the last day worked. Repetitive use injuries are often but not always disputed by the workers' compensation carrier. If you are seeing a doctor be sure to inform the doctor of your... View More

Yes. The fact an employee is full-time, part-time, or temporary doesn't matter. It certainly impacts the average weekly wage. However, if you are hurt at work, no matter how many hours you were, you are entitled to workers compensation benefits.

Generally, no they are not. If you have to attend an Independent Medical Exam by the insurance carrier, and drive yourself, then yes, they must reimburse you for that. The issue revolves around treatment is considered local. If treatment is available locally, then you are not entitled to... View More

First thing you should do whenever an injury occurs at work is report the injury to your employer. That is number one priority. You have 20 days to report the injury to get benefits back to day you stopped working. If you do not report the injury within 120 days your claim will be barred. Just... View More

You cannot be "forced" to do anything. However, if work within your restrictions are available and you refuse that work your entitlement to wage loss benefits may be reduced or even eliminated based upon refusing that work. That is true whether the work is being provided by your... View More

If the treatment is available outside of working hours you have an obligation to schedule outside of working hours and the carrier is not required to pay you if you fail to do so. However, if it is the employer or the workers' compensation carrier that is scheduling the appointment during... View More

If your doctor indicates you need restrictions you should see a workers' compensation attorney as soon as possible. The insurance medical exam (IME) is not the final word on the subject. If your employer is unwilling to provide work within the restrictions provided by your doctor you may be... View More

Yes if the epidural is for the work injury and you suffer an allergic reaction to the injection, it would be considered part of the treatment for the work injury. If the carrier is refusing to make payment, contact an attorney to assist you.

It is a little more complicated than that. There are specific facts and tests to determine fi you are an actual independent contractor compared to an employee. Your best bet is to speak with an experienced workers compensation attorney. If in fact you are a true independent contractor, then you... View More

If you suffered an injury at work, and you are not being provided with work within your restrictions, you may be entitled to workers' compensation wage loss benefits. If your employer and/or it's workers' compensation carrier is not making voluntary payment of wage loss benefits,... View More

Yes, and aggravation of a pre-existing condition could be considered a work-related injury if it occurred while in the course and scope of your employment, and prevents you from continued Employment.

It is my recommendation that you promptly contact an Attorney who is a Certified Specialist... View More

Yes, you then have a right to "buy in" under COBRA. However, if its a sucky plan, you would perhaps want to sign up for an ACA plan. Talk to the attorney who is advising you on comp.