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Pennsylvania Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My Dr put on desk duty but my employer denied me and now no pay, how do I fight getting paid. It's been over 3 weeks
Timothy Belt
Timothy Belt
answered on Aug 31, 2018

If you suffered an injury at work, and you are not being provided with work within your restrictions, you may be entitled to workers' compensation wage loss benefits. If your employer and/or it's workers' compensation carrier is not making voluntary payment of wage loss benefits,... View More

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I already had a bad back, but then it got aggravated at work, am I still able to get workers comp?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Aug 17, 2018

Yes, and aggravation of a pre-existing condition could be considered a work-related injury if it occurred while in the course and scope of your employment, and prevents you from continued Employment.

It is my recommendation that you promptly contact an Attorney who is a Certified Specialist...
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1 Answer | Asked in Health Care Law and Workers' Compensation for Pennsylvania on
Q: Work said they are cutting my personal health insurance once I have been off on WC for 3 months. Can they do that?

Hello. I hurt my foot at work. I was originally told by there doctor that is was a sprain or strain. I went 3 weeks before they sent me to an orthopedic Dr that immediately knew the issue(Os Peroneum). They treated me and I am almost feeling 100%. However, work called me a few days ago and said... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 1, 2018

Yes, you then have a right to "buy in" under COBRA. However, if its a sucky plan, you would perhaps want to sign up for an ACA plan. Talk to the attorney who is advising you on comp.

4 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: The insurance co has offered me a settlement. Of course I'm going to counter offer. How do I know how much to counter?

I hurt my shoulder, had surgery and now have reached MMI. They're Dr says I'll never be more than 85%. My employer says they don't want me back because I'll never be 100% and they don't have any other jobs for me. I'm happy with getting a settlement. I'm also 67 years old.

Mark A. Buterbaugh
Mark A. Buterbaugh
answered on Jul 24, 2018

To maximize your settlement opportunity you need to contact an experienced workers compensation attorney right away. That attorney can walk you through the steps of a potential settlement.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Do you have to take a scheduled vacation while out on WC? Can it be cancelled and taken once off wc? Ty
Timothy Belt
Timothy Belt
answered on Jul 20, 2018

There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: while out onWork comp a scheduled vacation falls do you have to take vacation? Or can you cancel reschedule til healed
Timothy Belt
Timothy Belt
answered on Jul 20, 2018

There is nothing in the PA Workers' Compensation Act that would allow or prevent you from changing the vacation time, so unless there is a contract with a specific provision on the subject, it would be up to your employer. If we are talking about vacation time accrued as a result of work... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What's the maximum amount of time I can take off for a slip and fall injury sustained in the workplace?
Glenn Neiman
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answered on Jul 13, 2018

There is no maximum time one can be “totally” disabled. As long as your doctor says you are disabled from work as a result of your injury, you should be entitled to workers’ compensation benefits (though a doctor retained by the insurance carrier may feel differently, and litigation may be... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I file a successful workers' compensation claim for a car accident that occurred in our company parking lot?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Jun 29, 2018

Unfortunately, without additional information is impossible to answer your question. Parking lot cases are fact specific and some injuries occurring in the "company parking lot" are compensable and others are not.

In light of the above, it is my recommendation that you promptly...
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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: i was placed on light duty awaiting surgery on my shoulder. There is really no light duty. What can I do?

I have a torn rotor cuff and I am awaiting surgery. Which my restrictions there is very little i can do. What should I do? Should I talk to my boss about going back to the Dr and have him change me to not being able to work due to my injury? If no work that I can do i will be sent home and would... View More

Alexander Palutis
Alexander Palutis
answered on Jun 28, 2018

You should make certain to report your injury as work related. That will insure that your employer reports this to their Workers’ Compensation Insurance Cartier.

If they investigate and accept your claim, then Workers’ Compensation will cover your wage loss and medical bills....
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I injured my back at work and was placed on light duty then sent to a spinal specialist who stated my injury may take

longer to heal. The Occ. Health MD stated that I could use my FMLA benefits for a LOA and then return on light duty afterwards. Can I use my FMLA as a separate benefit and then return to complete the light duty time (only 5 weeks left) without repercussions? Or must I use them together meaning I... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Jun 25, 2018

You are able to utilize FMLA Benefits in conjunction with Workers Compensation Benefits for the initial 12 weeks of your period of Disability. If you are able to return to work within the 12 week period of time your Employer is required to provide you with similar employment to your pre-injury job.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Workers' Compensation for Pennsylvania on
Q: What can I do about a parent complaint at age 35. My parents cited PTSD from the Virginia Tech massacre?

Originally, I couldn't sleep the week of the massacre when I was a manager and Virginia Tech alumni and had a routine doctor appointment that I had a rare inclusion of bringing my Mom along and discussing my concerns unplanned. I was then referred to mental health because of the massacre, I... View More

Timothy Belt
Timothy Belt
answered on Jun 15, 2018

I am unclear from your question, is your condition related to an incident that happened at work?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If a claim was made but not filed in may,my 3yrs expired this may,am I still eligible for Workers comp

Also I had a lawyer for 2yrs decided not to pursue,this lawyer closed,my job didn't report the injury. Said I quit but was fired. I reported to hospital 1- two days after for the injury. Then I just got a call from hospital saying they have a claim and don't know where to send it from... View More

Alexander Palutis
Alexander Palutis
answered on Jun 13, 2018

Unfortunately, there is a 3 year statute of limitations for filing a claim petition under the Pa Workers’ Comp Act Section 315.

If you never filed a claim or received any benefits within 3 years of your date of injury, then any claim you would make now would be bared by this statute of...
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2 Answers | Asked in Workers' Compensation, Appeals / Appellate Law and Sexual Harassment for Pennsylvania on
Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?

This was done twice which kept me from recovering as I should have

Glenn Neiman
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answered on Jun 11, 2018

You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I get workers compensation for food poisoning caused by a lunch that was provided by my job?
Timothy Belt
Timothy Belt
answered on Jun 9, 2018

If you can demonstrate that you did indeed receive food poisoning from a lunch provided by your job, that workers' compensation is a possibility. It is important that you understand workers' compensation only pays related wage loss and medical in most cases. Workers' compensation... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work-I got a 90 day letter from the state-workers comp hasn't returned my calls. Will they stop paying?

I reported an injury nearly 3 months ago. The first doctor thought I just tore a muscle, but my symptoms got worse. It was later I found out that I have a cervical disk herniation. I'm working full time, light duty. I got a letter in the mail from pa workers compensation stating coverage may... View More

Timothy Belt
Timothy Belt
answered on May 26, 2018

It is impossible to accurately answer your question without seeing the documents, but I am assuming what you received is a Notice of Temporary Compensation Payable. If this Notice is not withdrawn within 90 days it converts to a Notice of Compensation Payable. Conversion means that the... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can a company force you to sign a Family Leave Act under workman's comp issues

I live in Pennsylvania but work in New Jersey can a company force you to sign a Family Leave Act as part of a workman's due to my health issues I need to use the Family Leave Act later on down the line was told if I'm do not sign the papers I will be forced to lose my benefits from the... View More

Timothy Belt
Timothy Belt
answered on May 24, 2018

FMLA is to provide you with job security that you would not have under workers' compensation alone. If the situation warrants, the employer can require that FMLA time is used for a work injury. From what you describe, it sounds like the employer is giving you a choice of preserving the... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Am told I needed 5 grand for a deposition. Then I'm told the other party paid for it is this possible
Glenn Neiman
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answered on May 16, 2018

Most attorneys, in most cases, pay for all litigation costs, including depositions. There are, of course, exceptions to every rule. Sit down with your attorney and have him or her explain the situation.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: how hard is it to change lawyers in a workmans comp case

the case is 20+ years old

Glenn Neiman
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answered on May 13, 2018

I would suggest you meet with an attorney certified as a specialist in workers compensation law, as your question is impossible to answer without more information. We don’t know the status of the case, which would be an important factor. Good luck!

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Are Uber drivers eligible for workers' compensation if they're injured while driving passengers?
Timothy Belt
Timothy Belt
answered on May 12, 2018

I am not aware of an appellate case that has addressed Uber. However, the distinction between employee and independent contractor is a question of a number of factors the most important of which is control of how the work is performed. Since the initial consultation is free, I would suggest that... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I was on work and comp 6 years ago and they said they overpaid me and were taking $300 a check to pay it back until I

Went back to work. I never paid it all back. Can they take it out of a new workman’s comp case?

Timothy Belt
Timothy Belt
answered on May 12, 2018

There should not be any connection between the 2 claims in regard to a credit.

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