Get free answers to your Workers' Compensation legal questions from lawyers in your area.
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 ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
Im a heavy equipment operator but they’re light duty is being a janitor and cleaning the hepatitis type bathrooms.
Chambersburg, Pa
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Or a chance at further injury/illness.
Also for some strange reason I got wrote up for “using the wrong break room” and somehow I’m a distraction to other employees. How can I counter their childishness, I’m just trying to work and do what I’m told until this is over..
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2019
The short answer is NO, you should not be made to work beyond the restrictions placed upon you. The longer answer is that you should immediately contact an attorney certified as a specialist in PA workers' compensation law, whether my firm or another of the fine attorneys on this board, so... View More
There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board
answered on Jan 9, 2019
Your employer is required to report your work injuries to their insurance company and the State. There are several reporting requirements for both the employer and the injured worker. Therefore, I recommend that you contact a Board Certified Workers’ Compensation Attorney to discuss your... View More
It’s a PA claim. I live 10 minutes from Philadelphia.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2019
The scheduling of an IME is basically whatever a judge would find reasonable. Often, the judges give great latitude to the insurance companies on this, but every situation is different. This would vary depending on the type of injury, where you live and where they want you seen. Talk to an... View More
answered on Dec 26, 2018
Yes, FMLA can run at the same time as workers' compensation. There is nothing that prohibits this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2018
I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you!... View More
I was told the company doesn't have workers' comp insurance. Is this legal? What do I do now?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2018
No, this is illegal. In fact, your employer’s failure to carry workers’ compensation insurance in PA is a crime. You need to immediately get an attorney, preferably one certified as a specialist in workers compensation law. There are now very short time frames for filing claims when no... View More
answered on Nov 14, 2018
If there are truly no employees, workers' compensation insurance may not be necessary. However, if anyone works for the company you may want to have the relationship reviewed by an employment attorney to make sure it isn't an employer/employee relationship.
can I request workers' compensation until I recover?
answered on Nov 12, 2018
These cases are fact specific. However, if driving to and from client appointments is part of your job duties you may have a claim and you should certainly have the totality of your facts reviewed by a local workers' compensation attorney.
answered on Nov 6, 2018
It isn't the diagnoses that matters, it is the events leading up to the diagnoses. The injury has to be caused by "abnormal working conditions." Abnormal has to be very severe. For example fear of economic issues, bodily harm or even termination of employment are not enough.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2018
There is no minimum number of employees to require an employer to have workers' compensation coverage in PA. Even if an employer has a single employee, the employer, by law, must have PA workers' compensation insurance. Failure to carry workers' compensation insurance in PA is a... View More
Ive worked at a warehouse for about 8 months.. Im resposible for loading a conveyer belt by picking up boxes all night long. I started to experience back pain that had gotten worse & worse.
I went to the human recourses department of the warehouse and reported I was feeling back pain... View More
answered on Oct 23, 2018
First, if you feel your back problem is related to your job duties you need to report it to your employer as a work injury and fill out an accident report. Your employer should also provide you with a list of at least 6 doctors to choose from so that you can receive medical treatment. If the... View More
Ive been working in a warehouse for 7 months. I pick up boxes all night long for 8 hours loading a converyer belt. Constantly bending over to pick them up. Ive been sore since I started the job but the past week or 2 has been beyond soreness in my lower back. Theres something wrong with my back and... View More
answered on Oct 13, 2018
What you are describing is called a repetitive use injury and the date of injury would be the date reported or the last day worked. Repetitive use injuries are often but not always disputed by the workers' compensation carrier. If you are seeing a doctor be sure to inform the doctor of your... View More
answered on Oct 12, 2018
Yes. The fact an employee is full-time, part-time, or temporary doesn't matter. It certainly impacts the average weekly wage. However, if you are hurt at work, no matter how many hours you were, you are entitled to workers compensation benefits.
I will only be out of work for 2 or 3 days.
answered on Oct 11, 2018
Generally, no they are not. If you have to attend an Independent Medical Exam by the insurance carrier, and drive yourself, then yes, they must reimburse you for that. The issue revolves around treatment is considered local. If treatment is available locally, then you are not entitled to... View More
answered on Sep 26, 2018
First thing you should do whenever an injury occurs at work is report the injury to your employer. That is number one priority. You have 20 days to report the injury to get benefits back to day you stopped working. If you do not report the injury within 120 days your claim will be barred. Just... View More
answered on Sep 24, 2018
You cannot be "forced" to do anything. However, if work within your restrictions are available and you refuse that work your entitlement to wage loss benefits may be reduced or even eliminated based upon refusing that work. That is true whether the work is being provided by your... View More
answered on Sep 13, 2018
If the treatment is available outside of working hours you have an obligation to schedule outside of working hours and the carrier is not required to pay you if you fail to do so. However, if it is the employer or the workers' compensation carrier that is scheduling the appointment during... View More
I am still having symptoms and my Dr said he didn't want me lifting yet, but work took me off light duty and put me back on full duty, do I have a case?
answered on Sep 12, 2018
If your doctor indicates you need restrictions you should see a workers' compensation attorney as soon as possible. The insurance medical exam (IME) is not the final word on the subject. If your employer is unwilling to provide work within the restrictions provided by your doctor you may be... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
