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Pennsylvania Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What do i need to take to a lawyer when it comes to wc asking me to settle?
Timothy Belt
Timothy Belt
answered on Sep 30, 2014

Copies of all medical records you have in your possession along with the name and address of all medical providers for your work injury. Contact information for any medical doctor including your family doctor that you treated with for up to 5 years before your work injury. Anything that you have... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Wc wants me to write a short letter asking the amount i want and theyll counter! What do i do?
Timothy Belt
Timothy Belt
answered on Sep 28, 2014

If you want to obtain true value for your case, you should retain a lawyer to assist you with negotiations. Frankly there are so many variables involved in evaluating a claim that there is simply no way anyone on a forum could provide you with accurate guidance. Without a lawyer, you are just... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Hi I had a series fall at work that caused a back fusion, a knee surgery as well as much infection. I settled the

amenity part. And had medical left open. Now I want to be done. Want to sale my coverage and get my own. AIG the carrier has provided me with rep me in the the case. They are talking 100k and some kinda of yearly payment for additional 5-10 years at like 5-10k yearly. Does this sound like a fear... View More

Timothy Belt
Timothy Belt
answered on Sep 24, 2014

The only way to get an accurate answer to this question is to sit down with a workers' compensation lawyer and have them review the entire file. I wish I could tell you based upon a few sentences, but there is just to much involved in a case like this.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Hello. 30 days ago I signed my CR agreement and was approved by a judge and still no sign of settlement check???
Timothy Belt
Timothy Belt
answered on Sep 19, 2014

If the agreement was approved by the judge, the carrier has to make payment. If it has been 30 days since the circulation of the judge's decision (which is usually several days after the actual hearing) you may want to call your attorney to see if they can obtain any information regarding the... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Been light duty/wc for two years. In a lot of pain and probably can't ever go back to my old job. Do I have any options?

Bad accident lots of soft tissue, muscle and neck/back injuries not improving/getting worse.

Timothy Belt
Timothy Belt
answered on Sep 17, 2014

Your first general option is to continue as you are now working the light duty job so long as it is available.

Another general option would be to try to settle your case and use the money to obtain training to do something else, but this would normally require a resignation from your...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Hi, I had a torn bicep repaired. I started having wrist issues as a result of the surgery. Is wc respons for fixing wris
Timothy Belt
Timothy Belt
answered on Sep 16, 2014

If you have a medical opinion indicating that "but for" the torn bicep repair you would not have the wrist issue then you have a bases to expand the description of injury to include the wrist. Talk to your doctor and make sure he/she supports this connection. If you have an attorney,... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Sedgewick(workers comp insurance) stopped my benefits 3 weeks ago without reason or notification,is that legal?
Timothy Belt
Timothy Belt
answered on Sep 14, 2014

Sedgewick has been known to do such things, so you should take all of your documents to a lawyer to review the legality of their actions; however, if you are in the first 90 days of your claim, and Sedgewick only accepted the claim using a Temporary Notice of Compensation Payable, their actions may... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Is an employer allowed to self pay the initial medical bill on a workers' compensation claim?

I was trying to see if PA WC defined "First Aid" claims and if an employer is permitted to pay the initial medical bill instead of the insurance company. Claim will still be reported to TPA but employer wants to know if the can pay the bill

Timothy Belt
Timothy Belt
answered on Sep 9, 2014

If it is a TPA the employer is already paying the bill. A TPA is a Third Party Administrator used by self-insured employers. However, to answer the question asked, I am aware of nothing that would prevent the employer from paying directly so long as all of the other reporting requirements are... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I'm a sesonal worker cleared for medium duty after 1yr off duty. Can I collect WC or UC after I get laid off in a month?

Hurt and off work for a year and usually collect UC in winter but have not put in this year. Am I able to collect on WC again since I'm on medium duty or am I forced to find new employment or be with out money til may ?

Timothy Belt
Timothy Belt
answered on Sep 8, 2014

If you are laid off while working a modified duty job due to a work injury you enjoy a rebuttable presumption that your loss of earnings is related to your work injury. In other words, you will have a claim for workers' compensation, but the workers' compensation carrier may dispute your... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I suffer severe neck and back head injures for 7 years. The case was settle . Worker Comp and the lawyer fee told most

Of the settle left me with pennies.

My Head and neck and back injuries is still on going. After 7 years of treat my injures are not getting any better. I am afraid that Workers Comp is going to cut my medical off! The doctors told me that I am going to suffer pain for the rest of my life!... View More

Timothy Belt
Timothy Belt
answered on Sep 2, 2014

It sounds like you either settled the wage loss portion of your claim and left the medical open or you settled a third-party claim. I am not sure what you mean when you say that workers' compensation and the lawyer took most of your settlement since workers' compensation would not take... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If you get a hernia from job and need surgery can you sue ?
Timothy Belt
Timothy Belt
answered on Aug 29, 2014

I guess that depends on what you mean by "sue." You can file a workers' compensation claim, and you can potentially receive wage loss and medical benefits through workers' compensation. You can not pursue your employer directly in a personal injury action, but if your injury... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can my spouse speak to the insurance adjuster for me about my case in Pa
Timothy Belt
Timothy Belt
answered on Aug 28, 2014

With proper authorization, I don't see why not. The adjuster will probably want you to confirm permission on the phone or in writing first.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: workman comp penna pa

Was getting workman comp .company stopped checks.but we went to workman comp judge the company missed deadline .the days wad'over 90 day period .how long do the pesidiing judge have to rule for company to resume my pay . Losing everything no monies been almost six months that judge caught era.

Timothy Belt
Timothy Belt
answered on Aug 20, 2014

You should discuss this with your attorney if you want a more accurate opinion regarding the pace at which your particular judge issues decisions and how far along your case is in regard to submission of evidence; however the general standard is that the judge had a "reasonable" time... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Who is responsible for paying for medical reports from your own doctor needed for a work comp hearing?

My lawyer is draining me dry first she made a mistake calculating my comp and I was overpaid and she is taking 50 dollars a week.now we need a medical report from my doctor and she's trying to get an additional 100 a month for that even though she swears up and down they are gonna settle at... View More

Timothy Belt
Timothy Belt
answered on Aug 16, 2014

Who is responsible for the cost of medical records and reports should be set forth in your fee agreement with your lawyer. Many firms advance the costs but many do not, and some advance in part which sounds like your situation. From your post it looks like your lawyer paid the cost of the report... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I am a W2 Sales Rep who's earnings varies. I make approx 6500 gross every 2 weeks. How much would I get on workers comp

I hurt my shoulder lifting my display out from car it weighs approx 75lbs I do this 5 times a day. I hurt my shoulder doing this employer knows, however I had this shoulder repaired 14yrs ago. I know it's torn again . Can I file claim against current employer that's where I got hurt how... View More

Timothy Belt
Timothy Belt
answered on Aug 10, 2014

You can file a claim against the current employer. In Pennsylvania aggravation of a pre-existing condition constitutes a new injury; however they are likely to fight the claim so be prepared for a fight that could take a year or more before any benefits are received. As to the compensation rate,... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: injured on job and needed surgery for a torn rotator cuff. paid workers comp for 6 week. Can i still sue for settlement
Timothy Belt
Timothy Belt
answered on Aug 4, 2014

Unless you signed a document releasing your claim, you can certainly pursue a settlement for any future wage loss or medical benefits to which you would otherwise be entitled. I would suggest that you contact a competent workers' compensation attorney in your area to review your particular... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: On workers compensation due to tear in rotator cuff need surgery. Was just offered a job with no lifting can I take it
Timothy Belt
Timothy Belt
answered on Jul 9, 2014

The short answer is yes, you can take the job. The longer answer includes the fact that your wage loss benefits will be reduced or possibly eliminated based upon your actual earnings, and if the job is for someone other than the employer at which you were injured, the time of injury employer may... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured on 1/26/14. I have not worked since. However, I was just medically cleared to return to the workforce.

I fell on ice. I was told that I have to change careers. Who pays for this education change? Can we submit the costs of school to the workman's compensation case? We just filed a claim petition in my case.

Timothy Belt
Timothy Belt
answered on Jun 30, 2014

First, if you have a workers' compensation attorney, you should be discussing this question with him. If you do not have an attorney, you should seriously consider getting one since the litigation process is complicated, and you are unlikely to be successful handling the Claim Petition... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What if my employer cant give me 40 hours of work within my restrictions? How is partial WC determined?

I was injured approx 2 months ago at work. I had to fight for WC benefits for at least a month until they finally paid. I am now able to work some hours within my current restrictions (I had to have surgery), but varies widely because they don't have enough "office work" to make a... View More

Timothy Belt
Timothy Belt
answered on Jun 27, 2014

The relevant number is not the compensation rate that you were being paid but rather the average weekly wage for the date of your injury. The rate schedule varies from year to year, and the last several years can be reviewed at... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What happens when you file WC and can't work? Do you get paid if your boss fights it,or do you have to wait for decision
Timothy Belt
Timothy Belt
answered on Jun 16, 2014

If your employer or its workers' compensation carrier fights your entitlement to workers' compensation benefits you may be required to litigate your entitlement by filing a Claim Petition for workers' compensation benefits. You will have to wait for a decision unless an agreement is... View More

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