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Pennsylvania Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: I had stroke while at work. Can i claim workmans comp?
Timothy Belt
Timothy Belt
answered on Jul 28, 2017

Maybe. It would depend on whether some aspect of your job could have caused or substantially contributed to the occurrence of the stroke. I would suggest that you report the incident as a work injury as soon as possible, and consult with a local workers' compensation lawyer in regard to your... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have 2 work comp claims. One from 2012, and one from 2015. They were always treated as 2 separate claims..

I am treated by different doctors as they are different injuries. I am seen every 2 to 4 months from both doctors. The insurance carrier, without notice, closed one claim and combined it with the other. My Dr was not paid, that is how I found out. The carrier told him the claim was closed and to... View More

Glenn Neiman
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answered on Jul 17, 2017

The short answer is that an insurance carrier does not have the ability to decide whether a subsequent injury is a "new injury" or a "recurrence" of a previous injury. The insurance carrier can certainly issue papers, trying to shape the case one way or the other, but,... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Does the new Supreme Court ruling mean that there will be no more ires Workmans comp pa
Timothy Belt
Timothy Belt
answered on Jul 13, 2017

Until a new law is passed, that is correct that there will no longer be IRE's in Pennsylvania. Furthermore, if an injured worker has already been subject to an IRE resulting in a modification of suspension of their benefits, the modification or suspension may be challenged.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: permanet partial disability required to work and get comp that offsets previous income. my wife owns rentals and wants

me to work for her. she will file 1099 as I will be paying my own taxes. will comp accept me switching jobs and working for my wife? I am on ny state comp

Glenn Neiman
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answered on Jul 13, 2017

Workers' compensation systems vary widely from State to State. If you are receiving NY workers' comp, an attorney familiar with only PA workers' comp (as you are likely to find on this board) will be unable to help you. I would suggest you actually have a consultation with a NY... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: After a year on WC and getting released from my WC doctor, my employer told me there is no work for me. I filed...

Unemployment but no check has been received. Also WC sent me a letter indicating they are taking my employer to court on my behalf for termination of wc benefits. I have received two additional wc checks after my doctor released me. Why would I still get checks? Does it seem that my employer is... View More

Timothy Belt
Timothy Belt
answered on Jul 4, 2017

If the carrier has filed a termination, that is to terminate your workers' compensation benefits. That petition would be filed by your employer not against your employer.

In regard to the wage loss checks from workers' compensation, they can't just stop making payments....
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: WCJ dismissed my WC reason my Lawyer failed to get a doctor to testify.

Can I appeal it and do I have to do it sooner? Thanks

Timothy Belt
Timothy Belt
answered on Jul 1, 2017

To properly answer your question I would have to review the judge's decision. If the judge dismissed without prejudice and it has been less than 3 years since your date of injury, you may be able to re-file. If the claim was dismissed with prejudice or if it has been more than 3 years since... View More

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Pennsylvania on
Q: Where can we get a blank template of a Pennsylvania Independent Contractor Agreement, which we can edit and fill in?

Independent Contractors own their own businesses and are not an employee of their client's company. They do odd jobs for property management company and owners properties as needed, such as mowing, snow removal, minor repairs, etc. Anything larger is per an estimate quote on scope of work... View More

Nancy L Lanard
Nancy L Lanard
answered on Jun 24, 2017

You should retain counsel to advise you. Each independent contractor situation is different. The attorney can prepare an independent contractor agreement that can be used as a template for the various situations.

Good luck.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: The work related incident happen on the 26 March 17 on I went to the emergency room traumatic lumbar strain/

Sprain on 27 march went to my employer told him what happen few days later he ask me to sign refusal of additional medical treatment i didn't sign and pick the paper up and walk out the office he called me threatening me he would get me lock up and I was in deep trouble went to the police ask... View More

Timothy Belt
Timothy Belt
answered on Jun 13, 2017

I wouldn't call it illegal. Regardless, it appears clear that the employer is not going to provide ongoing work after your injury, so you may have a claim for both wage loss and medical benefits. I regularly handle workers' compensation claims in Hazleton. Please feel free to contact... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Employer call the police after I pick up a paper he tried to make me sign refusal of additional medical treatment

Try to get me arrested for pick up the paper and walking out police came and told me I have to leave workers comp insurance claim

Richard Alan Jaffe
Richard Alan Jaffe
answered on Jun 13, 2017

Again, sir, I am sorry to hear about the problems that you are having with regards to an alleged work-related injury, however, it is unclear from your question as to what has occurred, and what remedy you are seeking.

I once again urge you to contact an Attorney who is a Certified...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Work injury on 27 March 17 didn't believe me was asking to sign paper didn't sign it pick up left office police was

Called try to get me arrested for taking the paper manager call my phone threatening me was deined my claim

Richard Alan Jaffe
Richard Alan Jaffe
answered on Jun 13, 2017

I am sorry to hear about the alleged work-related injury occurring on March 27, 2017, however, your question is unintelligible and therefore, I am unable to respond.

If you have a Workers Compensation Claim and your Employer has Denied same it is my recommendation that you promptly contact...
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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: have to work 3 years for vacation got hurt 21/2 years into it workers comp for 5 months. employer said not getting it.

can he do this

Timothy Belt
Timothy Belt
answered on Jun 9, 2017

If you have a contract individually or through a union, you may want to see if it addresses this issue. If not, there may be helpful information in your Employee Handbook, but an Employee Handbook is not a contract, so it does not guarantee that it's terms will be filed. As I understand it,... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: hurt knee 6/16 and returned to work 1/17, hurt neck 5/17. comp ins comp says my payments will be less this time. legal?

comp says because i was not back to work long enough my weekly payments will go from $780 per week last injury to $440 this time does this sound right or somthing it should look into further?

Timothy Belt
Timothy Belt
answered on Jun 6, 2017

No that does not sound right. If you were receiving wage loss benefits for the first injury between 6/16 and your return to work on 1/17, the average weekly wage for the first injury may apply to that period of time. Furthermore, if you returned to work with restrictions and were not making as... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: My employer has asked me to involve work comp. Is that wise
Timothy Belt
Timothy Belt
answered on Jun 4, 2017

If you suffered an injury in the course and scope of your employment, workers' compensation would be the correct route. Without additional information, it is impossible to provide a more complete answer.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Is a pinky finger fusion dip joint and pip joint considered a specific loss in Workmans comp Pennsylvania
Glenn Neiman
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answered on May 30, 2017

A specific loss occurs when there is a loss of use of a body part "for all practical intents and purposes." This can be by literal amputation or just a sufficient loss of use. Fingers can be "lost" in whole or in half. You should meet with a PA workers' compensation... View More

2 Answers | Asked in Workers' Compensation and Wrongful Death for Pennsylvania on
Q: My father died, who was a tunnel worker, from Black Lung Disease, can I file a lawsuit and if so against whom?
Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

You may or may not have a case depending on when it happened, etc. Feel free to call me and I can give you names of attorneys that may be able to assist.

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3 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: Can I sue my ex employer, they fired me days after my accident but call me back next day.

My employer fired me days after my accident claiming that I filed for workers comp, when they took me to the clinic after having my head injury. They call me back next day but they keep me working without restrictions on full duty. Weeks after they stop paying me, I missed a few days for doctors... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on May 10, 2017

I am sorry to hear about all the trouble that you are having as result of your work-related injury.

It is somewhat unclear as to what transpired, as well as what type of Benefits you are seeking; i.e. Workers Compensation Benefits and/or Unemployment Compensation Benefits.

It is my...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: My doctor put me on permanent restrictions . Job is working me out of those restrictions what can I do.
Glenn Neiman
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answered on May 5, 2017

You are asking for legal advice. This is a board where we answer general legal questions. You need to contact an attorney who is certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. You are at a critical juncture of your... View More

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Do workers comp payments come monthly or in a bigger amount all at once?
Timothy Belt
Timothy Belt
answered on May 5, 2017

Ongoing Workers' Compensation wage loss benefits are to be paid the same as wages were at the employer. So if you were paid wages every week, you should receive a wage loss check every week. If you were paid wages every other week, your wage loss check should be paid every other week. If... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I relocate to another state if I am still receiving payments and medical benefits from an injury dated 10/12/1998?

I have been living in Pennsylvania since 2003 and still travel back to NY for follow up and prescriptions with my spine doctor every 3 months. NY's new prescription law has made the trip more costly and time-consuming. I am considering re-locating to Texas to be near my daughter as I find I... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on May 2, 2017

This question would best be posed to and Attorney who handles New York Workers Compensation, rather than an Attorney who handles Pennsylvania Workers Compensation as each state's Workers Compensation laws are different.

Typically, when a client of mine inquires as to whether, or not,...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How will a settlement affect medicaid insurance? No work avail, & 10 to 12 month delay for SSD what should I know?

Must have health insurance to cover other health related issues, not WC related. Need help to protect financial future. Who best to talk with, lawyer, financial planner, or accountant?

Timothy Belt
Timothy Belt
answered on Apr 11, 2017

Medicaid is a need based program, so depending on the size of the settlement it could eliminate your entitlement. There are ways to spend the settlement that would not necessarily result in the loss of your Medicaid. There are also potential trust options. I would suggest initially discussing... View More

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