Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I drove a tractor trailer for a U.S. mail contractor/ was rear ended by a postal tractor trailer driver in N.J. ( I live in PA) - I was on workmans comp. for my back injuries.RECEIVED a SETTLEMENT from workmans comp a few months ago. A law suit payment is being finalized in less thn 2 weeks -- I... View More 
answered on Feb 9, 2018
You are best served by following the advise of your attorney. If you would like a second opinion, you should directly contact a Pa Workers’ Compensation Certified Law Specialist in your area. Generally speaking, the employer and its workers’ compensation insurance company have an absolute... View More
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answered on Feb 7, 2018
This is a question you have to ask your lawyer. A Petition for Penalties could be filed if the insurance carrier violated the terms of the PA Workers' Compensation Act.
Working with modified duties and tripped on item on floor. Wc denied first injury and closed 2nd 3 days before the 90th day while I'm still on restrictions.
answered on Feb 2, 2018
From your question it sounds like the carrier accepted the injury using a Notice of Temporary Compensation Payable which can be withdrawn without penalty to the employer during the first 90 days. If you are still having problems, you will need to file a Claim Petition to bring the matter before a... View More
I was told today I was over paid but not by the records I received from my adjuster. Now they want me to repay the over payment what's the maximum they can with hold from remaining benefit payments and can my employer deduct from my paycheck to recoup and remaining payments
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answered on Feb 2, 2018
Before I answer your question, I would urge you to speak to an attorney certified as a specialist in workers' compensation, whether my firm or another of the fine attorneys on this board. You should not agree to any recoupment (or even acknowledge an overpayment) before the matter is reviewed... View More
answered on Jan 29, 2018
You can receive it, but you would need to report it to workers' compensation as income, and there would be a credit against the wage loss benefits to which you are entitled. It could also open the door for the workers' compensation carrier to hire a vocation expert to determine what you... View More
answered on Jan 29, 2018
In order to be eligible for wage loss benefits you must miss one week from work, and then only receive the benefits for days 8 through 13. If out 2 or more weeks, your entitlement reverts back to day 1.
It is my recommendation that you contact an Attorney who is a Certified Specialist in PA... View More
answered on Jan 26, 2018
Most times, it is preferred by workers’ compensation insurance companies that you attend P.T. during non-work hours. However, if your circumstances are such that this is not possible, then arguably you are entitled to seek partial disability benefits for the wages lost during a week where you are... View More
answered on Jan 23, 2018
You must treat from an employer preselected panel of health care providers for the first 90 days after a work injury for the bills to be paid by workers’ compensation in Pennsylvania.
Continued....obvious fraudulent claimant that just got out of jail? My small business has never once had an employee and frankly never will use subscontractors again either. That three months was a regret. Thieves & liars is all you get. No thanks. Also, Does Pennsylvania accept a new person... View More
answered on Jan 22, 2018
Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work.... View More
Pa employer & PA employee. Can we terminate employee while he is on WC? We no longer have an open position to offer him once he is released back to work. He has only worked for us about 2 and half months. Thank you
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answered on Jan 15, 2018
First, these boards are for general legal information, not for providing legal advice. You need legal advice, specific to your situation. Second, the question you are asking is not regarding workers' compensation exactly, but more employment law. You are seeking advice as to whether you can... View More
I'm in a final decision with the workers compensation case. I have been seeing my doctor for 13 months for carpal tunnel and cervical issues. I take four medications for pain and wrist guards. I have seen the ime doctor twice already. I also see a physical therapist twice a week. My question... View More
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answered on Jan 11, 2018
That's a hard question for us to answer here, without knowing either who the Judge is, or what evidence has been presented. Your attorney would be in far better position to give an answer to this question. That said, Judges are human. They review the evidence and consider who they believe.... View More
Because I am still having pain. My hours were cut drastically when I returned. If I go out again would I get the original amount of $ or would they revise the amount according to the few hours I work now ? Also, can I get back pay for the hours that they took from me?
answered on Jan 10, 2018
I am sorry to hear that you are still experiencing pain from the 4 fractured ribs that you sustained in October, 2017 while in the course and scope of your Employment.
Before I can properly answer your question, I will need to know the mechanism by which your Workers Compensation Benefits... View More
Should they control this process? They rejected my offer to settle and leave medical open. They've been paying me for a few years and I have been approved for ssdi.
answered on Jan 6, 2018
Normally they take care of it. The processes is very technical, time consuming and expensive. If you believe you have the skill level and want to cover the costs, there is no legal reason you can't handle it, but having done a few over the years myself I can tell you they are challenging.
answered on Jan 1, 2018
There is no legal cap. It is based on projected liability; however I would stress that nothing short of loss of a body part is permanent in workers' compensation. Therefore, the carrier will always figure in the possibility that they will find the right doctor, the right legal argument and... View More
answered on Dec 29, 2017
Workers’ Compensation benefits in Pa. are not taxed. There are no federal,state or local income taxes on workers’ comp benefits in Pa.
After having a few days off(required by their workers compensation doctor) if you are still in pain, what happens next? My HR people are very slow to help with the Specialist I need to see under that umbrella.
answered on Dec 28, 2017
In order to be eligible for wage loss benefits, after sustaining a work-related injury, you must miss at least 7 days from work. If you are out of work more than 7 days, you would then receive wage loss benefits for days 8 through 13 and if out of work 2 weeks, your entitlement to wage loss... View More
Do I have a claim?
answered on Dec 19, 2017
Comp yes. Contact a member of the Pa. Assn for Justice who handles comp issues.Possible claim against the motel but difficult to prove.
I had an IME before a major surgery. Then the employer got a second IME. They now put in a LMS using the first IME opinion because the WCJ and apealant board agreed that there was no error made in the first modification of my benefits. The surgery happened the second IME stated that the surgery is... View More
answered on Dec 12, 2017
There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if... View More
The same vocational evidence meaning my education and transfer skill, work experience has not changed. The only thing that changes is the Vocational Expert opinion that I could make more money. Employer is asking the WCJ to rerule on a case already adjudicated in a more harsh manner.... View More
answered on Dec 12, 2017
The nature of workers' compensation allows for change in condition both physical and financial. If additional better paying jobs are now available within your restrictions, the defendant can certainly attempt to modify or suspend your benefits based upon the new economic reality. You are... View More
I was cleared by the doctor to return to full duty, but employer said there is no work for me at this time. I was a driver on a established route, that someone was brought in to cover for me. Do they not have to give me my route back with same pay? I am employed through a logistics staffing... View More
answered on Dec 9, 2017
In general, PA is an employment at will state, and a work injury does not provide you with any additional job protection. There are other factors which may apply to you such as FMLA or a union contract. Since your situation is going to be very fact specific, I would suggest that you contact a... View More
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