Pennsylvania Workers' Compensation Questions & Answers

Q: do I have to use my total accrued vacation up prior to collecting workers compensation? My employer says I do. Help.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Mar 12, 2019
Timothy Belt's answer
You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to workers' compensation wage loss benefits. However, there is no law in Pennsylvania that restricts your employer from also making you use vacation time while you are out of work, but you should receive both after the...

Q: Does workers comp pay for time off work for physical therapy

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Jan 31, 2019
Glenn Neiman's answer
Generally speaking, if the treatment is available outside your work hours, but you miss work to have the treatment, you would not be entitled to workers’ compensation benefits for the time/wages you lose. You should meet with an attorney certified as a specialist in workers compensation law to get advice specific to your case. Good luck!

Q: I injured my dominant shoulder on the job. Do I have to accept literally cleaning bathrooms, break room, fridges.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Jan 16, 2019
Glenn Neiman's answer
Generally speaking, as long as a job is within your physical capabilities, and you are qualified to perform the necessary tasks, a judge or court will not look kindly if you elect to decline a job. That said, every situation is different and 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, for advice specific to the facts of your case. Good luck!

Q: R-shoulder labrum tear: light duty Can I be made to go against my restrictions or do a job that causes pain or a ....

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Jan 16, 2019
Glenn Neiman's answer
The short answer is NO, you should not be made to work beyond the restrictions placed upon you. The longer answer is that you should immediately contact an attorney certified as a specialist in PA workers' compensation law, whether my firm or another of the fine attorneys on this board, so you can have someone in your corner, to protect your rights. I am sorry this happened to you, but do not let yourself be a victim more than is necessary. Good luck!

Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?

2 Answers | Asked in Employment Law, Workers' Compensation and Insurance Bad Faith for Pennsylvania on
Answered on Jan 9, 2019
Alexander Palutis' answer
Your employer is required to report your work injuries to their insurance company and the State. There are several reporting requirements for both the employer and the injured worker. Therefore, I recommend that you contact a Board Certified Workers’ Compensation Attorney to discuss your circumstances in greater detail. Most attorneys will provide a free consultation. If you have suffered a work injury and your employer is being less than cooperative , then it is certainly time for you to...

Q: Can the insurance company schedule an IME with a dr that is I’ve 90 minutes from my home?

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Jan 8, 2019
Glenn Neiman's answer
The scheduling of an IME is basically whatever a judge would find reasonable. Often, the judges give great latitude to the insurance companies on this, but every situation is different. This would vary depending on the type of injury, where you live and where they want you seen. Talk to an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. Good luck!

Q: Can FMLA leave be combined with workers' compensation?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Dec 26, 2018
Timothy Belt's answer
Yes, FMLA can run at the same time as workers' compensation. There is nothing that prohibits this.

Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?

4 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Dec 11, 2018
Glenn Neiman's answer
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! Peace of mind.

Q: I broke my wrist shelving boxes at my employer's warehouse. When I went to HR to ask how to file workers' comp paperwork

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Nov 26, 2018
Glenn Neiman's answer
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 insurance is available. Do not wait!

Q: If an LLC run by 2 partners has no employees, what would their workers compensation requirements be?

1 Answer | Asked in Business Formation and Workers' Compensation for Pennsylvania on
Answered on Nov 14, 2018
Timothy Belt's answer
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.

Q: I drive my own car to and from client meetings for work. If I get into a car accident while driving to a client meeting,

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Nov 12, 2018
Timothy Belt's answer
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.

Q: What are some examples of psychiatric work injuries that would qualify for workers' comp benefits in Pennsylvania?

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Nov 6, 2018
Timothy Belt's answer
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. Furthermore, the occupation matters. I door-to-door salesman robbed at gunpoint may not be considered an abnormal working condition. These cases are very fact specific. There are a number of cases where a police...

Q: I work for a small company of under 20 people. Is my employer required to offer workers' compensation?

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Oct 25, 2018
Glenn Neiman's answer
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 crime and can lead to a fine and/or imprisonment.

Q: Still doing reguler position after ordered light duty?

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Oct 23, 2018
Timothy Belt's answer
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 doctor provides you with restrictions, make sure you keep a copy of the restrictions so that you can show them to your supervisor. If your employer is unwilling to comply with work restrictions related...

Q: Can I recieve workers compensation if I dont believe my injury was an isolated incident?

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Oct 13, 2018
Timothy Belt's answer
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 belief that the injury is related to your job duties so that this is reflected in the medical records.

If you are going to seek workers' compensation benefits it is important that you clearly...

Q: Can part time employees get workers comp?

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Oct 12, 2018
Mark A. Buterbaugh's answer
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.

Q: Is my employer required to pay me to go to doctor visits? I don't think I will be out long enough for comp to pay me.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Oct 11, 2018
Mark A. Buterbaugh's answer
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 reimbursement for travel expenses, except in extraordinary circumstances. “Locally” means less than 100 miles. That does not mean that you will get reimbursed if over 100 miles. There are specific...

Q: Am i required to first let my employer know I've been injured before I file a claim? Can I get penalized?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Sep 26, 2018
Mark A. Buterbaugh's answer
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 report it ASAP!

Q: Can my employer force me 2 work on light duty 4 another company or entity if they can't provide work 4 my restrictions?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Sep 24, 2018
Timothy Belt's answer
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 employer or through an outside company.

Q: If am am sent for tests or diagnosis during work hours do I still get paid for the time I am away from work?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Sep 13, 2018
Timothy Belt's answer
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 working hours, you have a strong argument that you should be paid.

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