Ask a Question

Get free answers to your Workers' Compensation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Workers' Compensation Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Pennsylvania on
Q: I was a passenger in my company car and hit head on by a driver who crossed the center line and into our lane.

I was a passenger in my company car that was hit head on by a driver who crossed the center line and into our lane. My current attorney gave me a settlement amount of what he felt was fair and the lowest he would settle for. I was also agreeable to that amount. He called me a week later and told me... View More

Timothy Belt
Timothy Belt
answered on Sep 10, 2016

You do not have to settle, and you are always free to fire your attorney and hire a new one. That being said, I believe it is always worth while to try to talk things out with your current attorney, but if you are not satisfied with the answers, you can always ask for your file and take it... View More

View More Answers

2 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Hurt at work in 2003 resulting in discetomy of C5/6 &C6/7 with all others bulging or protruding. Went to court -awarded

Medical. Wc dr. Diagnosed me MMI. I have Permanent nerve damage in my left arm. To this day, I'm still in pain. I'm still on Workmen's Comp,as I refuse to settle because of my everyday pain and my other disc injuries and also, I'm still with the same company. What happens if... View More

Timothy Belt
Timothy Belt
answered on Sep 1, 2016

The answer to your question depends on several factors including, but not limited to, the controlling document in your claim, whether you are working with or without restrictions related to your work injury, and whether you are receiving or have received temporary partial disability wage loss... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: While on WC and have Dr, therapy apps and are only available during working hours do I get compensated for misses time?

I work 4 ten hour days and I am wanted to go to therapy 3 times a day, therapy is only opened until 5pm which is the time I am supposed to get off work. I am still visiting Dr, therapy that I was told to go to. And I am being to to either use vacation time or loose the time I miss for therapy. Is... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2016

See if there's a therapy place after hours. Contact a member of the Pennsylvania Assn for Justice who handles workers copensation--they all give free consultations.

View More Answers

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I have a knee injury that now the surgeon is saying he dont think he can repair. what comes next?

I have been on w/c for 6mths. I have a torn meniscus and a torn cartilage. the tears caused me to get fracture in my knee. the surgeon needed the fracture to heal before doing surgery. My last appointment the new MRI showed him better detail and he said the fracture is healing but he dont think... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 22, 2016

First, you can see a specialist of your own chosing. Second, with a serious injury you need to speak with a member of the Pa. Assn for Justice that handles workers compensation. They give free consultations. Call me if you need names of some. As far as settlement, until you know your longterm... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work 18 months ago. workman's comp was paying me monthly and we were in the process of a settlement

Suddenly my payments stopped and my attorney tells me their workman's comp insurance company has gone bankrupt and I am out of luck. Do I have any options. Can I sue my employer directly? Thank you for your help

Timothy Belt
Timothy Belt
answered on Aug 19, 2016

This is a PA forum, but I see you are from FL. Assuming this is a PA claim, there is a fund that continues benefits when the carrier goes bankrupt. This may not be the case outside of PA.

View More Answers

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Employment Law for Pennsylvania on
Q: I had an on the job injury then was fired the next month, what should I do
Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

If you were out on comp, then they can let you go unless the union agreement forbids. Suggest you contact a member of the Pa. Assn for Justice who handles workers compensation cases--they give free consultations.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Closed WC case. Claimant is treated for ongoing issues due to original injury. Is the WC carrier obligated to pay?

Claimant was injured in 1985. The WC carrier closed the case in 2014. Claimant referred to specialist 6/26/2016 due to ongoing problems related to the original 1985 injury

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Possible. You need to contact your attorney. If you don't have one then look for a member of the Pa. Assn for Justice who handles workers compensation; they give free consultations.

View More Answers

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: how long does employer hold your job when you get hurt on workmans comp
Timothy Belt
Timothy Belt
answered on Aug 16, 2016

If you do not have a contract, your employer is not required to hold your job at all when you suffer a work related injury. However, if you are eligible for FMLA you can protect your employment for up to 12 weeks by using the FMLA leave.

2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Been on wcomp since Feb 9th with a neck injury finally had surgery 3 weeks ago still in alot of pain what are my options

See my surgeon on Aug 31 I have a very demanding labor and heavy lifting job what can I do if surgeon sendse back to work I had fusion surgery

Sally A. Roberts
Sally A. Roberts
answered on Aug 16, 2016

Unless you can get an out of work note, then try for a light duty work restriction.

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: Is there a restriction on how many hours can be worked in a day while on light duty/wc?
Peter N. Munsing
Peter N. Munsing
answered on Aug 15, 2016

No. Technically you can work overtime even if it's light and your doctor says it's OK. At theat point you may or may not have a a claim for lost wages (many places the light duty work is on a different pay level, doesn't get differentials, "bumps" etc.

Have a...
View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: It has been past 90 days. My orthopedic doctor says surgery but WC says they won't payou for it. Can they not pay?

I injured myself 4/30. My hand and wrist have not been right since. I orthopedic doctor sent me to everything to avoid surgery. But now he thinks it may be the only way to help. He wants to do a carpal tunnel release. Not for carpal tunnel syndrome but to take pressure off the median nerve that... View More

Timothy Belt
Timothy Belt
answered on Aug 12, 2016

They can potentially dispute payment. There options may be limited depending on what documents have been filed and the specific description of injury accepted. I would strongly suggest that you contact a local workers' compensation attorney to review the specific facts in your case to obtain... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Case manager called on new claim. I missed it. Called him back twice, no return from him. Do I keep calling?

Dont want them to think I'm avoiding them, but don't want to be a pain in the butt either.

Timothy Belt
Timothy Belt
answered on Aug 11, 2016

First if we are talking about a nurse case manager, you have no legal obligation to cooperate with them at all. However, unless there is a specific reason why you want to talk to him, two call backs seems more than sufficient.

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: What happens if you had a workers' comp case in one state and moved to another.

I fell on my job in NY and eventually had to have back surgery. I had my sciatic nerve pinched for a year and was in and out of work before the surgery. My lawyer back then told me I have a permanant disability. This was in 2009. I was having serious pain in my leg and I went to the ER July of 2015... View More

Timothy Belt
Timothy Belt
answered on Aug 8, 2016

Unless there is a significant connection between the initial work injury and another state such as PA your claim would remain in NY. I would suggest you contact the attorney the helped you with the NY claim and determine the status of that claim and what needs to be done to obtain payment for the... View More

View More Answers

2 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: How long do you have to be off work before wc is responsible to start paying your lost wages .

I was injured on job 10 days ago been going to physical therapy for 1 week. Company has no light duty work available so I have no wages ,

Peter N. Munsing
Peter N. Munsing
answered on Aug 2, 2016

After 5 business days of work--i.e. after 40 hours lost wages.If you need names of w.c. attorneys let me know.

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: If I am on light duty and it is a workmans comp claim, and while on light duty am laid off who pays me unemployment or W

Had surgery on shoulder from a fall in April 2016. Upon returning have been on light duty. Layoff starts today 22 July. I am still on light duty

Timothy Belt
Timothy Belt
answered on Jul 23, 2016

In Pennsylvania workers' compensation law if you are laid off while working light duty as a result of a work injury you enjoy a presumption that the loss of earnings is related to your work injury. This should result in an automatic reinstatement of wage loss benefits. Workers'... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work. Now i am temporarily totally disabled. Haven't heard anything from work. What should i do?
Timothy Belt
Timothy Belt
answered on Jul 23, 2016

Assuming your injury was properly reported by you to a member of management or another individual designated by the employer to accept notice of an injury, the insurance carrier has 21 days to accept or deny your claim. If your claim has been denied or if the 21 days has passed without your claim... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Now the insurance company for my employer is requesting a recorded phone interview?

I recently asked for a second opinion regarding my injury. The second opinion said I should see an orthopedic specialist and asked why I wasn't on light duty sooner. now my employer changed Adjusters and said it was an upgrade the new adjuster just called and asked for a phone interview so she... View More

Timothy Belt
Timothy Belt
answered on Jul 21, 2016

I would suggest that you talk to a local workers' compensation lawyer before you decide whether or not you wish to do this recorded interview. Depending on the status of your claim this may or may not be a good idea; however, a proper evaluation of whether or not this would be in your best... View More

2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: My employer doesn't have a position for me, now what? I've been on WC since Feb 2016.
Timothy Belt
Timothy Belt
answered on Jul 19, 2016

If your employer does not have work and you remain on restrictions for your work injury, you enjoy a presumption that your loss of earnings is related to the work injury and your benefits continue until your employer/carrier convince a judge otherwise. Even if you have been released without... View More

View More Answers

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can my employer force me back to work if the doctor hasn't changed my limitations?

I was injured at work on 4/16. I filed an accident report and saw a doctor from my employers list. The doctor limited me to no lifting, pushing, or pulling over 10lbs. My employer could not accomodate this, so I have not been back to work, and am receiving WC benefits. I subsequently was... View More

Timothy Belt
Timothy Belt
answered on Jul 19, 2016

Assuming your injury has been properly recognized as compensable you are just outside of the initial 90 days, so not only are you free to treat off panel, but a Notice of Temporary Compensation Payable would have converted. This is significant in that even if you fail to return to the job, your... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I refuse to start PT before both MRI's, can they stop, deny or decline my workers comp claim????

My department is unionized mind you, anyway I got hurt on my job ten days ago and I work in PA but live in Delaware. I have several injuries; main ones are my lower back and shoulder. I’ve injured my lower back before six years ago with this same employer and was on workers comp back then as well... View More

Timothy Belt
Timothy Belt
answered on Jul 18, 2016

If they have not yet officially excepted your workers' compensation claim, they can certainly stop, deny or decline your claim. If it has been officially accepted using the correct Bureau document, they can still challenge your ongoing entitlement by arguing that but for your refusal to... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.