Ask a Question

Get free answers to your Workers' Compensation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Sudden pain when walking

I was walking from my job and got A-sharp pain down my leg that proceeded into my foot then 1/2 my foot got numb I want to the ER with my supervisor following Monday workman's comp called me and made me do it recorded statements I was told after he was done recording about it would be the... View More

Timothy Belt
Timothy Belt
answered on Oct 12, 2017

They can deny the claim and make you prove the injury. To do so, you would need a medical expert. The fact that the attorney you talked to today did not seem interested does not mean you have a bad case or that his approach is the only workable approach for your claim. Contact another attorney... View More

View More Answers

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can workman's comp the deny me if I did not fall in the injury happened while I was walking?

I was walking from my job and got A-sharp pain down my leg that proceeded into my foot's 1/2 my foot got numb I want to the ER with my supervisor following Monday workman's comp called me and made me do it recorded statements I was told after he was done recording about it probly would... View More

Glenn Neiman
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2017

There is no requirement of "trauma", as long as your work duties caused the condition. We often see this kind of repetitive or cumulative injury, from work duties without any specific incident or sudden trauma. You may want to discuss this with your doctor, then get a consultation with... View More

2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: can employer change your hours to suit them?

was injured on the job had two surgerys for my shoulder/arm (right) still not fixed now on dr #2 first dr left practice in more pain now than I was before his two surgerys and my arm is still not fixed.

Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 10, 2017

I am sorry to hear about the injuries that you have sustained to your right arm and shoulder, however, it is somewhat unclear from your question as to what you are seeking.

Assuming that you are actually working, despite the ongoing problems with your work-related shoulder/arm injury and...
View More

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I had to quit my job after being injured -- can I still file a workers' comp claim?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Sep 29, 2017

I am sorry to hear about the problems you are having as result of your work-related injury, however, it would be impossible to answer your question without further information.

In order to be eligible for Workers Compensation Benefits, your wage loss must be due to the work injury, and not...
View More

View More Answers

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I have a lawyer, problem is many people list more complications from surgery . Can I wait to have surgery on future date

Or elect for alternate treatment.surgery will put me out even longer as I go broker

Richard Alan Jaffe
Richard Alan Jaffe
answered on Sep 27, 2017

I am sorry to hear about the problems that you are having with your work-related injury, however, as you indicate that you are represented by an Attorney, these questions would best be posed to your current Lawyer.

With that stated, there is a line of cases that holds if you refuse...
View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have been off since July 20,2017. Have Dr. documented superior labral tear right shoulder,c4c5c6 damage with neck

What happens if I decide to not have the surgery.

Alexander Palutis
Alexander Palutis
answered on Sep 26, 2017

It is obviously up to you whether or not you proceed with surgery for your presumed work related injuries to your neck and shoulder. However, the WC insurance company could try to establish that you have refused medical treatment that would, if obtained , improve your conditions by a certain... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Slipped at work and fell, was taken to company doctor, did not take an xray of my knee, been out for 2 days tomorrow

Will be going to H.R. As to the company doc put me on restrictions and they want to accommodate my recovery period.how can a doctor determine a fall without an xray?

Alexander Palutis
Alexander Palutis
answered on Sep 14, 2017

In order for you to receive any Pa Workers' Comp wage loss benefits for temporary total benefits , you must be out of work for seven days. If your employer accommodates restrictions from a doctor but you have less hours and less pay, then you can receive partial benefits for your reduced wages... View More

View More Answers

1 Answer | Asked in Workers' Compensation and Construction Law for Pennsylvania on
Q: Topic: Pennsylvania Workers' Comp requirements.

I am dealing with a contractor for a roof repair. I have asked him for both a cert. of liability insurance and a cert of workers' comp insurance.

He says that since all his employees are subcontractors he does not need workers' comp in his name.

I say this is nonsense.... View More

Timothy Belt
Timothy Belt
answered on Sep 11, 2017

Nonsense sounds about right. They may be subcontractors, but if they truly are he should be able to provide copies of written agreements with all of them and proof that they have their own liability insurance. Otherwise, he may want to take a look at the CONSTRUCTION WORKPLACE MISCLASSIFICATION... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Per diem

I recently got stitches in my hand from on the job accident. However doctor put me on light duty for a week. Iam per diem but scheduled for friday and they took me off the schedule without pay. I did get treated under workers comp.I've been with this employer for 10 years. What do i do?

Glenn Neiman
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2017

Under the Pennsylvania Workers' Compensation Act, an injured worker is not entitled to wage loss benefits for the first seven days of disability, unless the disability lasts beyond 13 days. So, the answer to your question depends on how many days you miss from work as a result of the injury.

View More Answers

1 Answer | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: Does a permanently injured worker that needs a different job in the company responsible for finding a light duty job the
Glenn Neiman
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2017

First, in Pennsylvania, there really is no concept of "permanent" disability. A worker remains subject to challenges to disability, or the necessity of medical treatment, as long as the worker receives the workers' compensation benefits. Second, once an injured worker proves an... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I sue my Workman's comp attorney?

Case settled in 2016 I received a medical bill which was incurred while on workman comp I notified my attorney. It has been 3 months since I notified my attorney he keeps saying his paralegal is going to take care of it. In the meantime I have been sent to collections. It seems to me he is just... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Aug 30, 2017

I am sorry to hear about the problems that you are having with your Attorney, however, I do not believe that this situation require such drastic action as filing a Lawsuit against your Attorney.

It is my recommendation that you continue to contact your Attorney regarding this outstanding...
View More

Q: my lawyer told me that after the settlement with company and work comp. he told me i have to leave my job? its that true

i don't see why i have to leave my job... just because i got hurt at work or because my lawyer say so... i don't find that fear...

Timothy Belt
Timothy Belt
answered on Aug 27, 2017

Settlement is voluntary. If you don't want to settle your claim you don't have to settle. Similarly, if the employer/carrier is not interested in a settlement proposal, they do not have to take it. You don't have to settle your claim, but if you choose to do so, many... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: is it true that after the settlement with wc i have to leave work or get fired..etc after i sue them etc.?

im worried bc that was what i was told by my lawyer.... And i think that my employer should offer me job in w my retriccions given by my doc. i will like to my employer accommodate me in a job offer withing the retrictions i have for now... i wont like 2 lose my job o get fires just bc i got hurt... View More

Timothy Belt
Timothy Belt
answered on Aug 25, 2017

Many workers' compensation insurance carriers and some employers do require that you resign as part of a settlement. The reason for this is that in Pennsylvania aggravation of a preexisting condition can be considered a new work injury, so the day after you settle your claim you could... View More

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Pennsylvania on
Q: looking for info on my medical bills and work release for 1986-1987 Taylor Beef packing company.how can i find this

need for a job even though i have been working since then. this is in pa. had carpel tunnel done in ny.

Carole Jean Hayes
Carole Jean Hayes
answered on Aug 22, 2017

In all honesty, you may not be able to secure these records because they are so old. Have you called the physician's office? Regardless of whether the physician is still practicing there, they may have converted the records and have them stored electronically. However, they are so old they... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Getting ready to settle wc for a back injury. If in the future years to come if i need surgery will my blue cross pay
Alexander Palutis
Alexander Palutis
answered on Aug 22, 2017

Your health insurance should cover any future treatment to your back given the fact that you will no longer have any coverage from Workers' Compensation.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: In disputes of jurisdiction, is it better to appeal a denied claim or file with the conflicting state?

I was injured back in April 2017 while working out in Ohio, but for a company based out of PA. The company's MCO told me to file my claim through the Ohio BWC, but it was denied twice on grounds of jurisdiction. Am I able to proceed with filing a claim in Pennsylvania, or do I have to file an... View More

Glenn Neiman
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017

Whether you have a claim in PA does not necessarily depend on what happens in OH. There can be "concurrent jurisdiction" where you can choose which state to proceed in. The first question is whether your work injury has sufficient ties to PA to be able to bring a case there. If you... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Civil Rights for Pennsylvania on
Q: I've recently found out that my former manager is sharing details of my workers compensation claim to other employees.

Telling them I haven't returned calls, saying I injured myself, ECT. Are they allowed to do this? Also, if my claim is denied and I feel this is why is there anything I can do?

Glenn Neiman
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2017

While I can't tell you about your rights with regard to the sharing of information (my firm only handles PA workers' compensation cases), I can tell you about dealing with a denied claim - consult with an attorney, preferably certified in workers' compensation law. Once you give... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have a torn rotator cuff and torn labrum that I got on a PA construction job I was working on almost 3 years ago

PA Workers comp

I reported this injury at work and saw a doctor for it and got a MRI soon after that showed these problems,a top shoulder surgeon recommended surgery if i wanted to fix it,I was leary about surgery and was ok to work with it even though it did bother me with different... View More

Glenn Neiman
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2017

There is not enough information here to see definitively whether you have a viable case or not, but there is certainly enough information to make clear you need to immediately make an appointment with an experienced workers' comp attorney to see what options you have. Assuming you gave notice... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can you go to your primary doctor if your employer only gave you one health care provider for workers compensation?

My boyfriend is a mechanic that works for Firestone. He recently got his hand crushed underneath a tire machine. His employers only gave him one health care provider and he wants to get a second opinion on his injury. Is he able to go to his own primary doctor considering that his job only gave him... View More

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

In order to control an injured worker's medical treatment the Employer is required to establish a list of designated physicians including at least 6 medical providers identifying specific positions. Said List of Designated Physicians must be posted at a readily accessible place at the... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Pennsylvania on
Q: Can I sue for emotional trauma due to and accident at work
David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2017

Worker's compensation cases are much different than typical personal injury accidents off of the job like a car accident. The ability to collect money beyond the lost wages and bills are usually set by some kind of schedule or cap. Rather than guess at what you may be entitled to, set up a... View More

View More Answers

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.