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Pennsylvania Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is my employer responsible to compensate me when going to therapy when I have a work related injury but still working?

Working night shift and going to therapy during the day

Richard Alan Jaffe
Richard Alan Jaffe
answered on Dec 8, 2017

The issue of receiving wage loss benefits is somewhat tricky. If you have returned to work after a work-related injury and your Claim has been accepted by the Workers Compensation Carrier you are only entitled to wage loss benefits for missing time from work if the medical provider or physical... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Is it legal for my personal work comp doctor to be discussing my case with opposing council off record?

It has come to light that my doctor is personal friends with both parties (my lawyer and my employers lawyer). The doctor is having conversations (not in court or under any court orders) about my case with both. I feel like something is very wrong here.

Timothy Belt
Timothy Belt
answered on Dec 8, 2017

Maybe. There are potential legal and ethical issues. To properly evaluate your situation, it is important to know whether or not you have signed an authorization to allow the release of your medical information. If so, has that authorization been revoked? If there is a valid authorization to... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: When do workers compensation adjusters decide to settle a claim instead of the final hearing with the judge?

I read a article that states 95% of workers compensation cases settle before trial. So my final hearing for my case is in January 2018 after being out for a year for cervical radiculopathy and left carpal tunnel. Injury date was 11/2016.

Glenn Neiman
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answered on Nov 29, 2017

There is no exact answer to your question. Settlement is something that happens only when both sides agree. This can be quick, or years down the road. The insurance carrier may want to wait for a decision, to see if they can win (and pay you nothing). Your attorney may have a much better idea... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is there a minimum amount of time I need to be employed by a company before I qualify for worker's comp?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Nov 26, 2017

As long as you sustained an injury that occurred while in the course and scope of your Employment with your Employer you would be eligible for Workers Compensation Benefits. If you do not lose any time from work, you would be eligible for medical benefits. If your injury resulted in your inability... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Why would a WC Judge at a Supersedeas Hearing ask how much I receive on SSDI? Is that any of his business?
Timothy Belt
Timothy Belt
answered on Nov 22, 2017

Everything is the Judge's business. I would suggest you ask your lawyer since they were there and would have a better idea as to why it was being asked. If I had to guess, and this would be a guess, the judge is considering granting Supersedeas but is concerned whether or not you would have... View More

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2 Answers | Asked in Workers' Compensation and Social Security for Pennsylvania on
Q: What might happen when the employer's doctor says fully recovered and Social Security approves a disability claim?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Nov 21, 2017

The standards for "Total Disability" are different for Social Security and Pennsylvania Workers Compensation.

Just because a IME physician opines that you are fully recovered from your work-related injury, does not mean that this Opinion would be accepted by a Workers Compensation...
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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Can you put a 2 weeks notice on while on workmens comp? How does that work with the pay?

I don’t believe I can continue doing the line of work I was in so I was gonna find another job. I am currently on workmens comp.

Timothy Belt
Timothy Belt
answered on Nov 21, 2017

If you are receiving workers' compensation wage loss benefits and you quite your job, you will allow the defendant/employer to argue that they should no longer be required to pay wage loss benefits since your loss of earnings is now as a result of your voluntary quite rather than your work... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: WC benefits resumedin Pennsylvania I am owed 30 weeks of benifits. When will I receive my back pay? Thank you.
Timothy Belt
Timothy Belt
answered on Nov 16, 2017

It is difficult to answer your question without more information. If you have received a decision reinstating your wage loss benefits that is not appealed, your wage loss benefits should be paid within 30 days of the decision.

If you have been out of work for 30 weeks without receiving...
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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: Can I go to hospital after injury or do I have travel to employees dr
Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

You go to hospital if its' an emergency. If not you see the employers doctor, assuming your employer has a list, then comp want pay. (you can go anywhere you want, but for the first 90 days--3 months-- comp will only cover emergency visits or visits to doctors on the employers' list if... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How long should an employee keep records of past claims? I am still with the same employer but claims have been closed.

I have had 2 claims relating to motor vehicle accidents & 1 relating to carpal tunnel, all job-related. But they are all from over 10 years ago. Can I safely dispose of all the forms & records I have been holding onto?

Timothy Belt
Timothy Belt
answered on Nov 12, 2017

If your problems/symptoms have not resolved, you may need those documents again, so I would suggest holding on to all of them. If your problems/symptoms have resolved, I would still suggest that you hold on to the more important documents such as the Notice of Compensation Payable, the most recent... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: How do I go about settleing out of court

And they are uninsured

Timothy Belt
Timothy Belt
answered on Nov 9, 2017

You don't. The Pennsylvania Workers' Compensation Act requires that any Compromise and Release Agreement (settlement) must be approved in writing by a Workers' Compensation Judge before it is binding. An "out-of-court" settlement would not be enforceable, and either side... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I am a warehouse worker. I got injured at work. I don't know my rights.

If I go through workers compensation, will it affect my record for the future opportunities for similar jobs? Would I lose my current job that I got injured while doing if I go to workers compensation for medical attention?

Richard Alan Jaffe
Richard Alan Jaffe
answered on Nov 5, 2017

I am sorry to hear about the injury that you have recently suffered while in the course and scope of your employment. It is illegal for your Employer to fire you in retaliation for instituting a Claim for Workers Compensation Benefits, however, unless you are a Union Employee, you may be Terminated... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: workmans comp claim denied had surgery and rehabilitation how long do I have to sue workman's comp for reimbursement.
Timothy Belt
Timothy Belt
answered on Oct 31, 2017

I am sorry to learn of your situation. There are two important timelines in workers' compensation to preserve your claim. First you must provide notice to your employer that you suffered a work injury within 120 days of the injury. Assuming you provided the employer with timely notice you... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I am receiving medical bills from the hospital I went to when I got injured at my past employer, what is my next step?

I was put through workers comp, and I have work status history papers with their insurance listed on there. I faxed them the bills and a letter attached telling them about the bills I have been receiving and to respond back. I have yet to get a response, and I am still getting medical bills from... View More

Timothy Belt
Timothy Belt
answered on Oct 27, 2017

I am working with the understanding that this is a PA workers' compensation claim. Assuming this is correct, your options are somewhat limited. You can make sure the medical provider has the correct workers' compensation information and that they have billed the workers'... View More

1 Answer | Asked in Workers' Compensation, Child Support and Immigration Law for Pennsylvania on
Q: My children father is not a us citizen and does not have his paper can i take him for support and will he get deported
Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 27, 2017

Please note this question was asked in the wrong forum/category. This would best be asked of a domestic relations attorney.

Good luck

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Work injury broken right foot, can't drive. Who is responsible for transportation?

I have been using Lyft or Uber to get to injury related appts as well as food shopping. Now I have been offered sedentary position at work. If my work injury prevents me from driving shouldn't workers comp provide transportation. Lyft and Uber cost a fortune. I spent 90 dollars for my first... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 24, 2017

I am sorry to hear about the problems that you are having with your work-related injury, however, in order to properly answer your question I would require additional information.

If you have sustained a work-related injury that prevents you from driving, and your "release to return to...
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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I want financial compensation for my claim, plus medical coverage. I already had permanent disability approved.

They want to pick up medical only. I had cervical fusion C3-C7, 3 plates and 6 screws. Bilateral severe carpal tunnel syndrome, had both surgeries, and bulging disc L1-L2 with severe degeneration and stenosis that I haven't had surgery yet. Court is in November, they are not offering... View More

Timothy Belt
Timothy Belt
answered on Oct 23, 2017

Workers' Compensation in Pennsylvania does not cover pain and suffer, emotional distress and many other forms of damages that you would potentially receive in a personal injury claim. Workers' Compensation in most cases only covers loss of wages and medical bills directly related to the... View More

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I received forms agreement for Compensation for disability or permanent injury. Do I sign and send back.

I am not sure if I am to sign these papers and send back to my workers comp insurance or not I have never had to before.

Timothy Belt
Timothy Belt
answered on Oct 22, 2017

This would be an agreement which would potentially control your description of injury, compensation rate and period of disability. Therefore, it is not a simple yes or no question. It would depend on what the document says and whether you agree with the document. I would suggest that you review... View More

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1 Answer | Asked in Family Law, Workers' Compensation and Child Support for Pennsylvania on
Q: Paying arrears..modification

I have a 21yr old her father owes me 30000 in arrears he has always found a way not to pay from being depressed to self employment to suing company's for "injuries" he is now taking me for modification.. for of course being on disability ..finally has a Drs note, can I request a... View More

Timothy Belt
Timothy Belt
answered on Oct 21, 2017

If you are aware that he is involved in a workers' compensation claim, you can request a Nondisbursement Order. Furthermore, in workers' compensation a search is made before any settlement or judgement greater than $5,000.00 for outstanding child support arrearages.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: While on a business trip to Florida, was getting ice from the hotel ice machine at 8:00 PM, fell on wet floor.

Injured back and knee.

Timothy Belt
Timothy Belt
answered on Oct 20, 2017

I am sorry to hear about your injury. A claim of this nature is very fact specific and would depend on a number of factors including whether or not you would be considered a traveling employee or an employee on a special mission. You may have a workers' compensation claim, and you may also... View More

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