Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I was told when hired 4 years ago that the business could accommodate my hours that I can work thru out the day. They have done so the past 4 years. And now are trying to say they can no longer accommodate me. Is there anything I can do.about this? And if not am I able to get unemployment since... View More 
answered on Apr 9, 2017
Pennsylvania is an employment at will state and employers are normally free to change hours based upon business needs. If you have a written contract that would be a potential exception. Furthermore, if the change in hours is based on your membership in a protected class such as race, age, or... View More
i want to take a job out of my trade cause . i wont be able to do the job. auto detailer. if i change jobs while have claim open. what goes on pros and con please
answered on Apr 6, 2017
Pennsylvania is a "wage loss" state and as such, if you are unable to perform your pre-injury job and find alternative employment in a less strenuous position you will be effecting the "value" of your case depending upon your current earning capacity. For instance, if you were... View More
I got hurt in jan my boss didnt want to put it threw workmens comp my ankle is still bad i got a lawer for workmens comp he found out and fired me on fri
answered on Apr 5, 2017
You have a potential separate claim for the termination. You already have an attorney for the workers' compensation. I would suggest that you talk to him. He may handle this type of claim, and if not he may well have an existing relationship with an attorney that he knows and trusts that... View More
I live in Pennsylvania, from what I understand they have 20 days to pay the back benefits. My lawyer contacted their lawyer and he has no idea what the deal is with the insurer and why they have't paid. My lawyer is filing penalties against them as we tried to make contact several times with... View More
answered on Apr 4, 2017
I am sorry to hear the problems that you are having with your Workers Compensation Claim.
As you are represented by Counsel, these questions are better opposed to your Attorney.
Under Section 406.1 (a) of the Act, the Workers Compensation Carrier is required to make payments within... View More
Buldged disc in my neck, restriced to 32 hours a week, employer says WC only pays the portion of the 8 hours lost...
answered on Apr 2, 2017
First, your post appears to be from MD and this is a PA forum. The workers' compensation laws are different in MD and PA. In PA it is possible to obtain wage loss payment when time is missed due to pain from a work injury. Documentation is key. It is important that you tell your employer... View More
They will not cover wages for lost time.
answered on Apr 1, 2017
This is complicated. If your condition includes a separate and distinct injury from the amputation, you may be eligible for additional benefits. Even if your injury is only the amputation, there are healing periods and distinctions between loss of half of the finger verses loss of the entire... View More
So do I stand a better chance of a bigger payout using a lawyer or arbitrating with workers comp myself? My scar is 3" long across my chin.
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answered on Mar 23, 2017
Generally, no. Once an issue is decided by law, it cannot be challenged again. This is called "collateral estoppel" or "issue preclusion." So, if you get an award for your facial disfigurement, and it is not appealed, then that determination will be final. However, if you... View More
I sustained a broken rib when pulling out a table at work to sweep around it. There was no traumatic event, just pulling on the table. I have been out of work for almost 3 weeks. They are reviewing further to see whether they are going to pay wages from the time I have not been able to work... View More
answered on Mar 21, 2017
An employer can always dispute the compensability of an injury. One of their arguments could be that the incident at work did not cause the injury. Your question is a little confusing since you indicate the injury has "a non work related cause." If the injury was not caused by your... View More
I said really neither,that I was unable to return to work with the injury I received at work and there is no light duty and I needed surgery,she kept going back to say when you filled out your claim for payment biweekly online that I checked I am available for work,I explained to her again yes but... View More
answered on Mar 19, 2017
Rather than constantly asking questions about your situation on this website, I believe you would best be served by contacting an Attorney who is a Certified Specialist in Workers Compensation Law to discuss your rights and remedies.
The Initial Consultation would be Free of Charge and most... View More
while working on a commercial construction job I was injured where the subcontractor didn't have workers comp insurance covering me,so I applied for PA unemployment compensation once I found this out while seeking legal representation and have been receiving the unemployment,I missed out on... View More
answered on Mar 18, 2017
If you are otherwise eligible for unemployment, the work injury has no impact on that entitlement, so you can apply for and receive unemployment. This is true whether or not your employer has workers' compensation insurance. As you have correctly stated, if you receive unemployment, a credit... View More
Also being the subcontractor I worked for didn't have worker's comp are they open to being sued in any way ?
answered on Mar 15, 2017
The UEGF is underfunded and they tend to fight everything, so you are correct that in most cases claims involving the UEGF need to be litigated to decision.
Contractor is from NJ and did not have workers comp covering me as a PA worker living and working in PA on a commercial project,policy only covered his NJ employees working in NJ or traveling,Claim was denied by insurance company due to this.
You think the best measure is going after the... View More
answered on Mar 14, 2017
I am sorry to hear about the injury that you sustained while working in Pennsylvania, for an Employer from New Jersey who apparently did not have out-of-state coverage for you.
Assuming that you did, in fact, sustain a work-related injury while working in the State of Pennsylvania and have... View More
Was told today if I don't return to work next week my position will be posted and I "will have to seek other employment". What are my options? Also how can I be fired while out per my surgeons orders and this is Workers' Comp?
answered on Mar 8, 2017
Workers' compensation does not provide any additional job security; however, losing your job for being unable to return does not mean that your workers' compensation benefits stop. If you are receiving benefits under an accepted claim, your benefits continue until the employer/carrier... View More
Settlement included 9 months worth of compound cream, there was not a time limit on the 9 months. After paying for 4 months worth I received a successful experimental treatment. After 1.5 years the treatment no longer worked and I went to order a refill and it was denied twice. Since it was part... View More
answered on Mar 1, 2017
I am sorry to hear the difficulties that you are having with your Workers Compensation Claim, despite the Settlement that you reached several months ago.
Without seeing the contents of the Settlement, it is unclear as to whether, or not, the Workers Compensation Carrier is violating the... View More
I was working on my part time job where the guy pays all his employees cash. I am a plumber while on the job a piece of pvc ricashaied into my right eye and reputed it the doctors said that I may not regain vision in the eye and I have numerous surgeries to try and save the eye because the lense on... View More
answered on Mar 1, 2017
I am sorry to hear about the horrific injury that you have sustained to your right eye.
In order for you to be eligible for Workers Compensation, you must be earning wages that are reportable to the IRS. If your Employer is essentially "paying you under the table" in order to... View More
Fell January 11th. Been sending Bills to carrier. Carrier has only sent a prescription card. Haven't recieved a paycheck from work. How do I get lost wages paid to me until the doctors send me back to work.
answered on Mar 1, 2017
Assuming you provided prompt Notice to your Employer regarding your work-related injury, the Workers Compensation Carrier as 21 days to either accept or deny your Claimant. If you have not received a Notice of Workers Compensation Denial or Notice of Workers Compensation Payable by now it is... View More
My franchiser charge me worker compensation insurance on my annual sale income just after sale commissions . I have no employee at all. My franchiser's head office is in Huston, TX but the actual business location is in Pittsburgh, PA.
answered on Feb 28, 2017
It is possible that this charge is to provide the franchiser with coverage in case you are injured and attempt to pursue a workers' compensation claim against them. You would really have to review your franchise agreement and potentially talk to the franchiser's office to determine why... View More
answered on Feb 27, 2017
In order to be eligible for wage loss benefits after a work-related injury you must miss at least seven days from work. Thereafter, he would only be eligible for days eight through 13 until you miss a full two weeks at which point you would then be eligible to receive wage loss benefits for your... View More
full duty and I have no consistent modified duty work for him. WC Dr's now claim that he is healed, but his Dr's disagree. I wish he could return to full time duty, but I agree with HIS Dr's and him in that he CAN'T do the job. I have kept him on my healthcare plan while he... View More
answered on Feb 27, 2017
For starters you can call the insurance company and tell them. If that doesn't work, then I would suggest you tell your employee you don't mind if he gets an attorney (he wouldn't be suing you, just the comp carrier). He may have other avenues. If you have questions feel free to call.
I was robbed at gunpoint while on a delivery and now I'm horribly terrified and anxious to go back to work. I've also been having nightmares since it happened on Jan 27th. Now, especially since I have to testify soon, my anxiety has hit an all time high. My company told me initially to... View More
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answered on Feb 23, 2017
You need to contact an experienced attorney, especially one certified as a specialist in PA workers' compensation law (as both attorneys with my firm are). It is (unfortunately) common for these types of cases to be denied by the insurance carrier, and force litigation. We have handled cases... View More
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