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Pennsylvania Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What is the process to request a change of venue for a worker's comp claim in Pennsylvania?
Francis Joseph Lafferty
Francis Joseph Lafferty
answered on Jan 4, 2015

If Pennsylvania has jurisdiction, and your claim is currently being handled in another state, you will need to file a Claim Petition to have the case handled in Pennsylvania. This issue arises many times with over the road truck drivers who sign an employment contract assigning jurisdiction to a... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: How do I answer PA unemployment comp question for Worker's Comp if I only received a settlement - NO monthly payments?

I was denied original claim but received settlement after going to court. Hurt in 2013 and settlement received 2014. I am sure UC knows if you received worker's comp but since it was a settlement does this effect your new UC claim?

Timothy Belt
Timothy Belt
answered on Dec 30, 2014

There are two primary issues in this situation. The first issue is in regard to base year for calculating financial entitlement to unemployment compensation. If you had been receiving workers' compensation wage loss benefits before your settlement, you would potentially be entitled to an... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: i was injured in pa but my company is based in tenneessee what work comp laws and rules do i follow
Timothy Belt
Timothy Belt
answered on Dec 26, 2014

If you were injured in PA, you can pursue a PA claim. If there is sufficient contact with Tennessee you may have the choice of pursuing a Tennessee claim instead, but it is one or the other. If you live in PA, it would normally make sense to pursue the PA claim since the PA doctors are familiar... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I already have an attorney for workmans comp. Can I hire a new attorney
Timothy Belt
Timothy Belt
answered on Dec 21, 2014

You are always able to terminate your current attorney and hire a different attorney. The real question is whether or not that is in your best interest. Your current attorney should already have your records and be up-to-date on your case. A new attorney would need to start from the beginning... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Settled case a year ago with C&R no imapirments rating after mmi can I go back to work as a cna
Timothy Belt
Timothy Belt
answered on Dec 19, 2014

If you settled your case, you are free to do whatever job you feel is appropriate. The only possible exception would be if you signed a resignation or release document indicating that you would not seek employment with your time of injury employer, but even that document would not prevent you from... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can partial time independent self work affect my workers compensation case?

I had a work injury since April 17, 2014 and not working since then till recently I used my own car to do independent work for Uber to pay my rent, car note, insurance, bills and buy my new born baby needs and feed the house since my workers comp wage was insufficient and not pay on time. I have a... View More

Timothy Belt
Timothy Belt
answered on Dec 6, 2014

This can absolutely affect your case. If you had self-employment income before the work injury and that income did not change after the work injury, then there is no credit, but if the self-employment income increased, the workers' compensation carrier would be permitted to reduce or even... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can partial time independent self work affect my workers compensation case?

I had a work injury since April, 2014 and not working since then till recently I used my own car to do independent work for Uber to pay my rent, car note, insurance, bills and buy my new born baby needs and feed the house since my workers comp wage was insufficient and not pay on time. I have a... View More

Timothy Belt
Timothy Belt
answered on Dec 6, 2014

This can absolutely affect your case. If you had self-employment income before the work injury and that income did not change after the work injury, then there is no credit, but if the self-employment income increased, the workers' compensation carrier would be permitted to reduce or even... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Does the carrier owe checks in between the time you go to a settlement hearing and the time the judge issues a decision?

I went to a hearing two weeks ago to get an agreement between me and the carrier approved and it's been two weeks since that hearing and the carrier stopped issuing my checks.from a site the carrier uses to keep in contact with it's injured employees the last check was issued on the 21st... View More

Timothy Belt
Timothy Belt
answered on Dec 6, 2014

It depends on the language of the settlement agreement, but most agreement's indicate that the wage loss benefits will stop as of the date of the hearing. In your case that would be the 24th. I would suggest you call your lawyer and confirm the terms of your particular agreement.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can a lawyer quit your case after getting a settlement on loss of wages in PA?
Timothy Belt
Timothy Belt
answered on Dec 6, 2014

Short answer is yes. Many lawyers view the fee from the wage loss settlement to be payment to handle the ongoing medical benefits, but this is not universally true and there is nothing that would prevent the attorney from ending the relationship at a later date with approval from the judge.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can workers comp cut me off after doctor releases me back to work even when i want a second opion. Sill having issues.

Inguinal Hernia repair 8/15/14 Still having issues with swelling and soreness. Catscan 11/17/14 showed no hernia came back. Was told before catscan it was either hernia or damage done to artery during surgery.

Timothy Belt
Timothy Belt
answered on Dec 3, 2014

Assuming your claim has been properly accepted, the carrier would need to either obtain your signature on an agreement or a judge's order before they can legally stop paying benefits. If your claim has not been accepted and wage loss benefits have not been paid, or if you are within the first... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I have been on WC since 07 for disk issues and having 2 dif. fusions. Will they settle at some point and for how much?

WC has paid for all my medical bills and my time for being off work. I'm asking if my adjuster will settle my claim at any point?

Timothy Belt
Timothy Belt
answered on Nov 17, 2014

Most cases eventually settle.

As to the amount, that depends on numerous factors including but not limited to your description of injury, need for ongoing treatment, time of injury average weekly wage, work restrictions, local job market, age, education and work background. If you want a...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If I have had 3 low back fusions surgeries in the past 7 years, will workers comp settle with me at some point?
Timothy Belt
Timothy Belt
answered on Nov 17, 2014

Most cases settle eventually; however if you have had 3 surgeries, you may not want to settle your case since the workers' compensation carrier will normally want to settle both wage loss and medical benefits. In other words, if you settle your case the coverage for future medical bills may... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I settled PA workers comp case and would like to know a time frame for when i will be getting my money? Waived appeal.

HI, I Waived my right to appeal in Philadelphia final hearing for a lump sum C & R . Judge approved it right at the hearing as she said that to us. Its been 11 days since the hearing. I was told that because I waived my right they usually send the check pretty Quickly. How quick ? Also how do... View More

Timothy Belt
Timothy Belt
answered on Nov 15, 2014

The relevant date is not the date of the hearing but the date of the written decision. When the decision is received there will be a "Circulation Date" in the top right hand corner of the first page. If payment is not mailed within 30 days of that date, it would be considered late.... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My wc claim settled a year ago. NOW im Going back to court for 50%.Whats that mean. I just found out.

The settlement was outlined and agreed upon. Whats the 50% mean and my attorney is askin for his fees. Guess not all bills were paid.

Timothy Belt
Timothy Belt
answered on Nov 3, 2014

You should really ask your attorney but my best guess is this is a Petition for Penalties based upon failure to pay consistent with the settlement agreement. Since this is a surprise to you, I assume you received your money, this is probably unpaid medical bills, litigation costs or... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Who pays for your medical bills after a workmans comp settlement?
Timothy Belt
Timothy Belt
answered on Oct 31, 2014

It depends on what is agreed to in the settlement. The parties are free to agree to have the carrier remain responsible for past, present and future medical bills, but the parties can also agree that the injured worker is responsible for payment of the medical bills. In most workers'... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How long before I receive payment after suffering work injury? Can my emp'er make me use my personal days while injured?
Timothy Belt
Timothy Belt
answered on Oct 29, 2014

If your employer is going to accept your claim and make payment, this should happen within 21 days of the injury. If the injury has not been accepted within 21 days, you should talk to a lawyer about filing a Claim Petition.

Your employer may force you to use your personal days, but if you...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: is workers compensation responsible if you reinjure yourself while you are still off work?

I hurt myself at work and had surgery.(rotator cuff) I was coming along good; going through therapy but still not 100%. I reinjured myself doing a simple task at home and think I re-tore my rotator cuff again. Is workers compensation responsible since it was an injury from work and I was not... View More

Timothy Belt
Timothy Belt
answered on Oct 23, 2014

This is not a simple yes or no question. If your doctor is willing to provide an opinion that this injury is the same as your original injury or naturally arose from your initial injury, you have an argument that it should be covered. On the flip side the carrier certainly has an argument that... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can wc deny a case without medical records ?

They said my case was not work related without reviewing any medical records ... My place of employment mandated I get a vaccine which they knew I was allergic to in the past ... I am on sick leave for over two months with post vaccine neuro , joint and muscle problems . No one is returning my... View More

Timothy Belt
Timothy Belt
answered on Oct 14, 2014

The short answer is yes they do frequently deny claims without any real bases to do so. Since your claim has been denied, the burden is now on you to establish a work related injury. This means that you will have to file a Claim Petition for workers' compensation benefits and then present... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: In PA, how far back can WC go into my medical history?
Timothy Belt
Timothy Belt
answered on Oct 12, 2014

They can go back to the date of your birth, but most defense attorneys go back 5-10 years.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: i got hurt at work i have 2 doc.that said i need surgery and 1. doc, that said i dont.what do i do
Timothy Belt
Timothy Belt
answered on Oct 1, 2014

I am not a medical doctor and I am not in a position to provide medical advice. However, in my opinion most surgeries are a last resort after other treatment has been tried and found to be ineffective. If that is where you are at and you trust the doctor's that are telling you to have... View More

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