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Pennsylvania Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: If I feel unsafe working in these conditions although I’m an essential worker, am I eligible for unemployment?
Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

You would have an argument to make that you have a "necessitous and compelling reason." Much would depend on what "these conditions" are--are you near customers? Do you have a good facemask ? Do you have gloves? Do customers have hand sanitizer or gloves they are given? If you... View More

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
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answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have an illness I believe was caused by dust at my workplace.

I told HR about illness. They said they would clean the dust and call their Dr and ask him if I needed an appointment. I told HR I wanted vacation because I felt so sick from the dust. HR never filled out an accident report, or sent me to Dr. I feel sick and want to visit my doctor. What should I... View More

Glenn Neiman
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answered on Mar 26, 2020

You are asking for legal advice, and that is not something you will get on forum like this. We can only provide general legal information here. Legal advice is something specific to you case, given by an attorney who represents you.

Certainly, an exposure like this can be a work injury....
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7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Mark Scoblionko
Mark Scoblionko
answered on Dec 5, 2019

You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I sustained an injury at work doing tasks outside normal scope of work. Company DR cleared me but I'm still in pain.

I was cleared full duty after one visit but what makes my injury hurt the most is sitting which is 90% of my job.

Timothy Belt
Timothy Belt
answered on Nov 15, 2019

You should have received a list of doctors to pick from in regard to your treatment. If you did not receive this list, you are free to see a doctor of your own choosing. I would suggest that you contact a local workers' compensation lawyer to discuss the specifics of your case and the... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Still working after injury. Must I use accrued PTO for WorkersComp Dr. appointments? Will WorkersComp reimburse my PTO?

I am still able to work after suffering a work related injury. However, medical visits/therapy are necessary. Unfortunately, these appointments are only available during working hours. My employer is forcing me to use my accrued PTO for this time. This seems unfair to me, unless I am able to be... View More

Alexander Palutis
Alexander Palutis
answered on Sep 21, 2019

If you are not able to schedule your doctor’s appointment before or after work and you have an accepted Pa Workers’ Compensation Claim, then your employer would need to pay you Partial Wage Loss Benefits for the time you miss from work due to your attending the appointments. You should be able... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What happens after your unemployment runs out and no one will still hire you I’ve been applying for jobs for 6 months

Work at the same facility for 25 years and got let go because of restructuring

Timothy Belt
Timothy Belt
answered on Sep 5, 2019

You posted your question under workers' compensation. Were you injured at your former employer before the restructuring? If so, I would suggest that you contact a local workers' compensation attorney as soon as possible.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: i was hurt on the job on 11/22/1018 i told employerr by feb 10 and have not heard back from them i am going to doctors

i am in therapy and my injury they say cant be fixed i m in a lot of pain and i kept asking the employer when they where going to do something they done nothing but try take my unemployment away where do i go from here

Glenn Neiman
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answered on Aug 26, 2019

Talk to an attorney certified as a specialist in workers compensation law immediately. You should be getting workers compensation benefits, not unemployment compensation benefits, if you were injured at work. Good luck!

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Does WorkComp cover travel to work & going home from the job?

broke leg en route

Richard Alan Jaffe
Richard Alan Jaffe
answered on Jun 18, 2019

I am sorry to hear about your injury, but it would be impossible to answer your question without further information.

In general injuries going to / from work are not covered by Workers Compensation but with every rule, there are exceptions to the “going coming” rule. It is my...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What does this mean: according to evidence if record: the recurrence is for medical care only claim is in open status

Adjudication if claimed recurrence is not necessary & no further action will be taken in regards to this claim

Glenn Neiman
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answered on Jun 14, 2019

Honestly, I simply cannot tell what that means on the part you have quoted. Assuming this is a decision from a Judge, I would need to see the entire decision to be able to tell what is going on. If you have an attorney, obviously your attorney is the best one to tell you what this means, and how... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I haven't received any treated for my ankel in 10 months i was stucked by a forklift.WMC doctor say I have deformity

They took an mri of the foot not the ankel both doctors worte down.how long do i wait more for treatment.and with no back pay also.I have a lawyer but its taking so long for treatment.

Glenn Neiman
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answered on Jun 11, 2019

I am so sorry this happened to you. Having your valid claim denied can be very frustrating, to say the least. The best person to give you an answer with regard to the timing of your case is your attorney. Only he or she knows the details of your case and can provide some estimate for how long it... View More

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Why did the workmans adjuster got replaced with a lawyer.thank you
Timothy Belt
Timothy Belt
answered on May 9, 2019

Adjusters do not handle petitions before judges, so my best guess is that a petition has been filed or is being considered.

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Please if you can let me know now that its taken so long what can i do to further .

9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on May 9, 2019

I am very sorry to hear about your work injury and the difficulty that you have been having since that time, however, as you are apparently represented by an Attorney and are already involved in litigation, the individual that would best be able to answer your questions is the Attorney currently... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: my dr told me to be off and they are dyeing my work comp I can not return till I PT what do I need to do to fight this

I had a sonogram done and the dr said there was a torn muscle and 2 small hernias'. Work comp called me yesterday and said they are dynein my claim but my dr told me I can not return till I have PT

Glenn Neiman
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answered on May 9, 2019

The answer is that you need to consult with an attorney, preferably one certified as a specialist in workers' compensation law, asap. A Claim Petition will need to be filed and litigated. An attorney can explain in more detail how this will work based on the facts in your case. Good luck!

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: PA workers compensation headache

Two years ago I settled a workers comp claim for a back injury (herniated disc). I felt comfortable settling as my physiatrist completed a FCE and stated I could return to full duty. I started a new job, but after 8 months the pain in the back returned along with going down the left leg. My job is... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Apr 19, 2019

Based upon your fact pattern, you may have sustained an aggravation of your pre-existing lower back injury which constitutes a “new” injury for the purposes of Worker’s Compensation. Obviously, there would be issues to decide whether, or not, this is a “new” injury or a “recurrence... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can a judge force me to seek legal counsel when I am indigent?

I have asked several Lawyers and they won't represent me due to small settlement.

Timothy Belt
Timothy Belt
answered on Apr 13, 2019

A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Unpaid Medical Bills

I had a workers compensation settlement in April 2015. They agreed to pay medical until the date of settlement. Last year I found out there was unpaid bills. The rep stated my medical provided was coding them wrong. Both the billing dept and the comp carrier said it would be taken care of. This... View More

Glenn Neiman
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answered on Apr 11, 2019

Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: do I have to use my total accrued vacation up prior to collecting workers compensation? My employer says I do. Help.
Timothy Belt
Timothy Belt
answered on Mar 12, 2019

You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Does workers comp pay for time off work for physical therapy

I returned to work on light duty after shoulder surgery , The doctor has ordered physical therapy . I go to therapy 3 days a week . I work 7-3 and I leave work 2 1/4 hour's early to go to therapy , does workers comp pay for those hours lost from work ?

Glenn Neiman
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answered on Jan 31, 2019

Generally speaking, if the treatment is available outside your work hours, but you miss work to have the treatment, you would not be entitled to workers’ compensation benefits for the time/wages you lose. You should meet with an attorney certified as a specialist in workers compensation law to... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I injured my dominant shoulder on the job. Do I have to accept literally cleaning bathrooms, break room, fridges.

Im a heavy equipment operator but they’re light duty is being a janitor and cleaning the hepatitis type bathrooms.

Chambersburg, Pa

Glenn Neiman
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answered on Jan 16, 2019

Generally speaking, as long as a job is within your physical capabilities, and you are qualified to perform the necessary tasks, a judge or court will not look kindly if you elect to decline a job. That said, every situation is different and you should consult with an attorney certified as a... View More

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