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Pennsylvania Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I had and fce and I am at mmi my dr said I can't return to my former job I can only do sededentry work I was terminated

Will workmans comp in pa contact me

Timothy Belt
Timothy Belt
answered on May 17, 2015

They may contact you, they may not. If your employment was terminated while you were still under work restrictions, you enjoy a rebuttable presumption that your loss of earnings is due to the work injury entitling you to wage loss benefits. If you were terminated for a rule violation, the... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: The doctor I saw limited my hours I am allowed to be at work. Does workers comp have to pay me the difference?

It's been two weeks I've been seeing doctors and getting MRI. The first week I had to do split shifts and I'm normally required to work 45 hours a week and the doctor limited it to 40. The second week he took me down to 20 hours. Does workers comp have to pay me the difference from my normal pay?

Timothy Belt
Timothy Belt
answered on May 10, 2015

If you are missing time from work as a result of your work injury you may be entitled to 2/3 of the difference between your time of injury average weekly wage and your actual gross earnings.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I hurt my ankle at work, am off work now for two weeks may have to have surgery... Did not report it as a work injury ca

can I still report it for workers comp?

Timothy Belt
Timothy Belt
answered on Apr 30, 2015

You have up to 120 days from the date of injury to report a work injury in Pennsylvania; however, you are better off reporting it as soon as possible. If I read your question correctly, it has been roughly 14 days since your injury, so yes you can and should still report it.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured while at work and getting surgery, can I change shifts if so where can I find information to prove this

I got hurt while at work on March 10, I am getting surgery on April 30, However I need to change my schedule at work because of school, am I able to change shifts while on worker comp? Or, can I quit and they still pay for the Dr appointments and physical therapy? If so to any of these where can I... View More

Timothy Belt
Timothy Belt
answered on Apr 27, 2015

There is nothing in the Workers' Compensation Act that requires an employer to change your shift to accommodate your school schedule or for any other reason. If your injury has been accepted through the proper document, whether or not you quit your job will not prevent you from receiving... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: my bladder mesh case was filed aI have a significant loss of learning ca do you think this case will settle out of court

I had the bladder mesh surgery and I am incontinent and I can no longer work. I also get infections all the time I had a another surgery to try to help with the incontinence and it did not work

Timothy Belt
Timothy Belt
answered on Apr 27, 2015

This does not sound like a workers' compensation case, but regardless if a complaint has been filed, I assume you have a lawyer. If so, your lawyer would be the best individual to ask in regard to whether your case is likely to settle.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What is the process if I broke my hand while working I've had my job for 5 days
Timothy Belt
Timothy Belt
answered on Apr 25, 2015

The process is the same regardless of how long you have been employed. You need to report the injury to management or someone in human resources that is authorized to accept the report. You should report the injury as soon as possible, but you must report the injury within 120 days of the date of... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: IF A W/COMP JUDGE KNOWS THAT THE MEDICAL RECORD IS RIGHT BUT IT HAS NOT BEEN BEEN ENTERED INTO THE RECORD DO TO LAWYER?

SURGERY WAS PREFORMED ON THE CLAIM'S LEFT KNEE AND A ARTIFUCAL JOINT WAS PLACED IN LEFT KNEE, AFTER PERSON HAD HAD 4 SURGERIES..AFTER THE DATE OF INJURY...AND HAD ONE TWO YERAS BEFORE DATE OF ACCIDENT..AND THIS WAS ALL BROUGHT OUT IN THE VERY FIRST HEARING AND THE WORK RELATED INJURES WERE... View More

Timothy Belt
Timothy Belt
answered on Apr 22, 2015

I am not sure I understand your question. If you are asking whether new evidence can be admitted during the appeal to the WCAB, the answer is almost always no. If you are asking whether the WCAB may remand the matter back to the judge for the purpose of clarifying varies points that may require... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I work in Amazon and have a WC claim opened since January 2014 because of my hand. Can I open another claim for my back?

My back is hurting too much since about 2 months after I started having problems with my hand and the EMCARE woman and the WC Manager told me that I should go to my PCP to be check up, but what about if it end up to be related to my hand issues and it is a WC injury? When I asked EMCARE to open... View More

Timothy Belt
Timothy Belt
answered on Apr 22, 2015

First, having an "open claim" with Amazon and having a claim that has actually been accepted by workers' compensation are not necessarily the same thing. Second, if you want to fill out an accident report, you should be allowed to do so. Third, if you do have an open workers'... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My husband was covered by workers comp from Pennsylvia but we live in another state and want it held there. Who pays?

We want to use a lawyer in our state. But WV workers comp is not good I hear.

Timothy Belt
Timothy Belt
answered on Apr 11, 2015

Workers' Compensation law is different in each state. You cannot just transfer a Pennsylvania claim to WV unless WV also has jurisdiction. In other words there must be sufficient connection between your husband's injury and WV to open a claim in WV. I would suggest that you talk to a... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: When your comp case is settled how many days do they have to issue your check and do weekends count ?
Timothy Belt
Timothy Belt
answered on Apr 4, 2015

Payment should be issued within 30 days after the Judge's written decision. The written decision may not be the same day as the hearing, but it is normally issued within a week after the hearing date. Weekends count.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Should I worry about a letter to return to work from my employer?

My lawyer filed a petition for settlement with judge about 6 weeks ago. Is this just there last move to play? My employer doesn't seem to understand or care whats going on they are just playing along with whatever the adjuster is telling them to do. I never received a notice to return to work... View More

Timothy Belt
Timothy Belt
answered on Mar 24, 2015

Since you have a lawyer, you should discuss this matter with him. There are many strategies that are utilized on both sides of a workers' compensation claim. Your lawyer is in the best position to let you know the significance, if any, of this development and how it should be addressed.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My case manager wants t o come to my next Dr apt. Is this allowed? I am able to say no to her when she ask to come to
Timothy Belt
Timothy Belt
answered on Mar 24, 2015

First you are you not required to cooperate with a nurse case manager. You can tell them not to call and specifically tell your doctor that they should not talk to the case manager. You are not required to allow them to attend your doctors appointments. You can say no.

That being said,...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What is the average time frame for a WC judge to decide a 'same injury' case?
Timothy Belt
Timothy Belt
answered on Mar 18, 2015

There is no average time. Judge's vary in regard to how fast they generate decisions and even the same judge may take more or less time on a particular decision depending on their current work load. Your lawyer may be able to give you an estimate in regard to your particular judge, but it... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I hurt my back almost a month now at work . I have been going to there comp doctor. He told me nothing more he can do .

He made appointment at a back specialist for a Thursday at 2pm about hour or more from my house. I work 3-11pm I told my job the doctor scheduled the appointment so I could be seen faster . I ask what about work? They never answered me but did give me a hard time for getting that appointment. The... View More

Timothy Belt
Timothy Belt
answered on Mar 18, 2015

If you are missing time from work to attend medical appointments, you must attempt to schedule the appointments outside of working hours or so that you miss as little time from work as possible. If you are unable to schedule the appointment outside of working hours and you have minimized to the... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Workman's comp.injured at work in Pa. But I live in Ohio where is claim filed Pa has said they do not pay for first week

I hurt my back in ohio six years ago with same company different location and filed in ohio then

Timothy Belt
Timothy Belt
answered on Mar 14, 2015

If the injury was in PA you can file in PA. As to not paying the first week, that is only true if you are out of work for less than 2 weeks, and it only applies to wage loss not medical benefits. Once you are out of work for 2 weeks, you are potentially entitled to wage loss from the date of... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Am I allowed to change my hours of availability at work while on partial wc?

I'm released back to work with restrictions therefore I'm in a different position in the restaurant. I have had life changes and needed to change my availability and was told by my employer that I'm not allowed to or it will negate my wc benifits.

Timothy Belt
Timothy Belt
answered on Mar 4, 2015

It can impact your partial wage loss benefits. If the employer has work available within your restrictions and you are unable or unwilling to work those hours due to factors unrelated to your work injury, then the employer is free to argue your loss of earnings is also unrelated to your work... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Is there any legal way to stop the 20% contingency fee after 18 years with no court proceedings.

State employee (PLCB) with no offers of settlement in 18 years and no court proceedings since 1999. Although $150.00 bi-weekly is not a lot of money, for me it would be a life saver because everything in life has increased but my income.

Timothy Belt
Timothy Belt
answered on Mar 3, 2015

I do not want you to feel that this question is being ignored; however, this is a contractual matter between you and your attorney, and I am simply not comfortable interfering with that relationship. My only suggestion is that you discuss your concerns with your attorney. You may be surprised how... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I've been on PA Worker's Comp since 2013. Last week my direct deposit didn't show up. What can I do?
Timothy Belt
Timothy Belt
answered on Feb 23, 2015

Sometimes a claim simply falls out of the system when the adjuster fails to order a continuation of payment. If you have a lawyer, you call and let him know. He will then contact the carrier or their lawyer to deal with the problem. If you do not have a lawyer, call the adjuster and let her know... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What does it mean when the deffeness Brief are late and they have not been granted a extension in pa workers comp
Timothy Belt
Timothy Belt
answered on Feb 17, 2015

It depends on the judge. Some judge's will not consider their brief. Some judge's will review anything submitted up until the day that they actually start reviewing the file to write their decision, and other judge's will consider a late submission, but clearly indicate in their... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If I'm looking hours due to dr orders is comp to pay me for hours lost that I was scheduled to work

The new work schedule wad already made and final, Dr then put me on 8 hours only a day, does comp have to pay me the hours lost due to Dr restrictions on work

Timothy Belt
Timothy Belt
answered on Feb 17, 2015

You are not entitled to wage loss benefits for less than a week of lost time. Once you pass the one week marker, you are entitled to wage loss and if you pass the two week marker, you are entitled to wage loss from the date of injury forward.

What you are describing is partial wage loss....
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