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Pennsylvania Workers' Compensation Questions & Answers
2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: I fell at work, was injured reported it to my employer and went the hospital. I just found they denied an injury occurre

I went to the er that night and the next day. I was diagnosed with several muscle strains yet they denied that I suffered a work injury?! It was on tape when I fell due to their broken leaking ice machine. I have hundreds of dollars in medical bills and lost wages from falling at work. I don't... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2016

Members of the Pennsylvania Assn for Justice give free consultations--look for one that specializes in comp.If you need names give me a call.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Injured foot 15 yrs ago. Starting to now have more issues with my foot. Am I still covered by prior claim for medical?

This was an on the job injury backhoe ran over my foot. I have not not re injuries the foot since then but have noticed changes like arthritis and joint pain setting in. I'm only 39 and concern as I get older. Would I still be cover to see a doctor and get treatment for this injury under... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

Generally no. However, why not contact a member of the Pennsylvania Assn for Justice who handles workers compensation--they give free consultations.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: if a judge made you sign off on a workers comp claim and still to this day have issue can you reopen it?

My case was back in 2000 and it was there in Pennsylvania. I have had issues ever since but not sure I can do or should do anything. I was injured in Pennsylvania I have moved though and now live in WA.

Timothy Belt
Timothy Belt
answered on Jul 16, 2016

A judge cannot make you sign off on a workers' compensation claim. If the judge terminated your benefits or if you signed a Compromise and Release Agreement in 2000, it is very unlikely that anything could be done at this time.

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2 Answers | Asked in Health Care Law, Employment Law and Workers' Compensation for Pennsylvania on
Q: Can my employer stop my health insurance after 6 months of w/c? I have to pay back my part of the premium once return
Timothy Belt
Timothy Belt
answered on Jul 8, 2016

Workers' compensation does not provide any form of additional job security. If you have a union or a contract, that can provide additional protection. You may also obtain some job protection for 12 weeks under the FMLA. To answer your specific question, barring a contract to the contrary or... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I injured my elbow at work 4/18. Multiple physical therapy's 2 times a week and no improvement.+ pain Time for what?

I received very little support from my employer. We have a smaller food service cafe. Temps were of no use as they were barely trained. Majority of the work for 2 months fell on me. Pain daily I wear a brace when I sleep and a brace daily. Please advise.

Timothy Belt
Timothy Belt
answered on Jul 8, 2016

If you have not already done so, you need to report the injury to a member of management at your employer and complete an accident report. If the employer has a medical provider panel, you will need to treat with those providers for the first 90 days. The workers' compensation carrier is... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Does your employer or Workman's Comp liaison have the right to look at your past medical history from your doc?

I hurt myself (not at work) almost 2 years ago. I missed a lot of work and sought treatment (all at my expense). I now have a new job and injured myself except it's the same symptoms as before. Do I have to tell WC about the old injury? Are they allowed access to my medical records? Can they... View More

Timothy Belt
Timothy Belt
answered on Jul 8, 2016

By making a workers' compensation claim you essentially waive your normal privacy rights in regard to your medical history. If you do not tell them about the prior injury, they are still all but guaranteed to eventually find out about it, and your failure to disclose will be used to make you... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Are foot bunion's covered by workman's comp in Pennsylvania
Timothy Belt
Timothy Belt
answered on Jul 7, 2016

Any condition is potentially covered by workers' compensation in Pennsylvania so long as you are able to demonstrate through unequivocal medical evidence that the condition was caused by the job duties.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I forgot to make an appointment to see my primary care physician today. Will this effect my workers comp.

I forgot to make my appointment. So my appointment will be closer to 120 days rather than 90 days. Although I did see my orthopedist for my post operative appointment only 2 weeks ago. My question is whether or not this will effect my works comp.

Timothy Belt
Timothy Belt
answered on Jul 1, 2016

Any significant gap in treatment may impact your workers' compensation claim. It sounds like you are seeing several doctors which may reduce any potential impact if you see one or more of them while waiting to see your PCP.

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I had surgery, employer only pays for 90 days, is this right? I cannot do my job what is going to happen?
Timothy Belt
Timothy Belt
answered on Jun 24, 2016

Under a Notice of Temporary Compensation Payable, the employer has the right to withdraw acceptance of the claim within the first 90 days. If they fail to do so, the document converts to a Notice of Compensation Payable under which you are potentially entitled to payment for related medical bills... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What do it mean after a wc agreement and the judge sent a letter for a 30 executed agreement do i get paid in 30days
Timothy Belt
Timothy Belt
answered on Jun 23, 2016

Without seeing the document, it is impossible to answer your question. If you had a lawyer for claim, I would suggest you review this letter with them.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I injured myself 2013. Yes was under wc. Last week aggrevated same injury.

Went back to wc, put on light duty. Light duty us not light duty. Saw wc dr. Tried to tell her its hurting. She said your xray looks fine. I said still hurts. She said nothing more we can do for you. It took 2 yrs to recover last time from tailbone injury. I just want treatment dont know... View More

Timothy Belt
Timothy Belt
answered on Jun 23, 2016

If you had a lawyer for the 2013 injury, giving them a call would be a great place to start. In PA aggravation of a pre-existing condition is considered a new work injury, but drawing the line between a true aggravation and a flare up of the old injury can be tricky. If you did not have a lawyer... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: I've been injured on the second day of employment. Am I still eligible for WC?
Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Yes you are. The injury should have been reported. You need to get medical attention. You should follow up with a member of the Pa. Assn for Justice who handles workers comp. They give free consultations.

2 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: How can I protect my job if my surgeon is recommending a 2nd surgery within a 12 month period?

I had rotator cuff repair surgery on 9/18/2015. I returned to work, with restrictions on 1/11/2016. The recovery has not been successful, and the surgeon is recommending a second surgery. I am not eligible for FMLA until 1/7/2017, but the doctor says if I wait that long, the surgery is likely to... View More

Timothy Belt
Timothy Belt
answered on Jun 20, 2016

Unfortunately, workers' compensation does not provide any form of added job security. If you have a union or a contract, that may provide some additional protection.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How many weeks of workman's comp due you receive from a work related injury?
Timothy Belt
Timothy Belt
answered on Jun 18, 2016

There is no limit in PA for temporary total disability wage loss benefits. Temporary partial disability wage loss benefits are capped at 500 weeks.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: On WC, still working light duty. Was told today I have to increase to 40 hrs a week or turn in my resign by Friday.

I am a 32hr salary employee. Can they make me go to 40hts? I don't see orthopedic MD until the 21st. Injury was May 9th

Timothy Belt
Timothy Belt
answered on Jun 16, 2016

They are trying to bully you. If you have not been released to 40 hours you do not have to perform 40 hours. They do not have to keep you, but if they lay you off while on light duty you enjoy a presumption that your loss of earnings is related to your work injury which will normally allow you to... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can i get my workers compensation moved from indiana to Pennsylvania?
Timothy Belt
Timothy Belt
answered on Jun 15, 2016

Each state has its own workers' compensation laws, so claims cannot simply be transferred from state to state. That does not necessarily mean that you can't move from state to state and still receive benefits. I am not proficient in Indiana Workers' Compensation Law, so I can not... View More

2 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Working for a Federal dept. I was on the job and developed Chest pain etc... I was taken to hospital by ambulance.

Does this qualify for workmanship comp? Had test and procedure done and discharged 3 days later

Timothy Belt
Timothy Belt
answered on Jun 15, 2016

Maybe. If this is a PA claim it would depend on the specific facts surrounding the onset of symptoms including what job related functions you were performing at or around the time your symptoms started. This may be a Federal claim based upon your employer. Federal Workers' Compensation has... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I've received full work comp since Oct 2007 for 52 weeks. The rest of the time on a restricted

Job at work receiving TPD benefits weekly. Do the 52 weeks count towards the 500 weeks you can receive TPD?

Timothy Belt
Timothy Belt
answered on Jun 14, 2016

If you were receiving your full rate rather than the reduced modified rate, the 52 weeks do not count towards the 500 weeks.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How often can they make me go to an IME appointment with the same physician who did my first IME not even 4 months ago?
Timothy Belt
Timothy Belt
answered on Jun 12, 2016

Each state has its own workers' compensation law, but in Pennsylvania, the rule of thumb is every 6 months; however this time period may be reduced if there is a change in your condition such as a new diagnoses or recommendation for surgery. If there has not been a change in your condition,... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Does an employer have to pay an employee back to work from WC for time missed for follow up appointments ?

In PA, if an employee has a worker's comp claim (accepted) and is released back to work but requires follow up appointments or therapy, does the EMPLOYER need to pay them for their missed time or are they able to make them use any paid time off (vacation, sick time, PTO, etc.)? And if not,... View More

Timothy Belt
Timothy Belt
answered on Jun 12, 2016

This is not a simple yes or no question. To the extent that medical treatment can be scheduled outside of working hours, the injured worker has an obligation to do so. If the treatment is not available outside of working hours, the injured worker still has an obligation to schedule the... View More

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