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Pennsylvania Workers' Compensation Questions & Answers

3 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Does WorkComp cover travel to work & going home from the job?

broke leg en route

Richard Alan Jaffe answered on Jun 18, 2019

I am sorry to hear about your injury, but it would be impossible to answer your question without further information.

In general injuries going to / from work are not covered by Workers Compensation but with every rule, there are exceptions to the “going coming” rule. It is my...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on

Q: What does this mean: according to evidence if record: the recurrence is for medical care only claim is in open status

Adjudication if claimed recurrence is not necessary & no further action will be taken in regards to this claim

Glenn Neiman answered on Jun 14, 2019

Honestly, I simply cannot tell what that means on the part you have quoted. Assuming this is a decision from a Judge, I would need to see the entire decision to be able to tell what is going on. If you have an attorney, obviously your attorney is the best one to tell you what this means, and how... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: I haven't received any treated for my ankel in 10 months i was stucked by a forklift.WMC doctor say I have deformity

They took an mri of the foot not the ankel both doctors worte down.how long do i wait more for treatment.and with no back pay also.I have a lawyer but its taking so long for treatment.

Glenn Neiman answered on Jun 11, 2019

I am so sorry this happened to you. Having your valid claim denied can be very frustrating, to say the least. The best person to give you an answer with regard to the timing of your case is your attorney. Only he or she knows the details of your case and can provide some estimate for how long it... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Why did the workmans adjuster got replaced with a lawyer.thank you

Timothy Belt answered on May 9, 2019

Adjusters do not handle petitions before judges, so my best guess is that a petition has been filed or is being considered.

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3 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Please if you can let me know now that its taken so long what can i do to further .

9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We went... Read more »

Richard Alan Jaffe answered on May 9, 2019

I am very sorry to hear about your work injury and the difficulty that you have been having since that time, however, as you are apparently represented by an Attorney and are already involved in litigation, the individual that would best be able to answer your questions is the Attorney currently... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: my dr told me to be off and they are dyeing my work comp I can not return till I PT what do I need to do to fight this

I had a sonogram done and the dr said there was a torn muscle and 2 small hernias'. Work comp called me yesterday and said they are dynein my claim but my dr told me I can not return till I have PT

Glenn Neiman answered on May 9, 2019

The answer is that you need to consult with an attorney, preferably one certified as a specialist in workers' compensation law, asap. A Claim Petition will need to be filed and litigated. An attorney can explain in more detail how this will work based on the facts in your case. Good luck!

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2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: PA workers compensation headache

Two years ago I settled a workers comp claim for a back injury (herniated disc). I felt comfortable settling as my physiatrist completed a FCE and stated I could return to full duty. I started a new job, but after 8 months the pain in the back returned along with going down the left leg. My job is... Read more »

Richard Alan Jaffe answered on Apr 19, 2019

Based upon your fact pattern, you may have sustained an aggravation of your pre-existing lower back injury which constitutes a “new” injury for the purposes of Worker’s Compensation. Obviously, there would be issues to decide whether, or not, this is a “new” injury or a “recurrence... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on

Q: Can a judge force me to seek legal counsel when I am indigent?

I have asked several Lawyers and they won't represent me due to small settlement.

Timothy Belt answered on Apr 13, 2019

A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.

I...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on

Q: Unpaid Medical Bills

I had a workers compensation settlement in April 2015. They agreed to pay medical until the date of settlement. Last year I found out there was unpaid bills. The rep stated my medical provided was coding them wrong. Both the billing dept and the comp carrier said it would be taken care of. This... Read more »

Glenn Neiman answered on Apr 11, 2019

Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on

Q: do I have to use my total accrued vacation up prior to collecting workers compensation? My employer says I do. Help.

Timothy Belt answered on Mar 12, 2019

You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to workers' compensation... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on

Q: Does workers comp pay for time off work for physical therapy

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 ?

Glenn Neiman 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... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: I injured my dominant shoulder on the job. Do I have to accept literally cleaning bathrooms, break room, fridges.

Im a heavy equipment operator but they’re light duty is being a janitor and cleaning the hepatitis type bathrooms.

Chambersburg, Pa

Glenn Neiman 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... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: R-shoulder labrum tear: light duty Can I be made to go against my restrictions or do a job that causes pain or a ....

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..

Glenn Neiman 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 you can... Read more »

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2 Answers | Asked in Employment Law, Workers' Compensation and Insurance Bad Faith for Pennsylvania on

Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?

There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board

Alexander Palutis 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... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Can the insurance company schedule an IME with a dr that is I’ve 90 minutes from my home?

It’s a PA claim. I live 10 minutes from Philadelphia.

Glenn Neiman 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... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Can FMLA leave be combined with workers' compensation?

Timothy Belt answered on Dec 26, 2018

Yes, FMLA can run at the same time as workers' compensation. There is nothing that prohibits this.

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4 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?

Glenn Neiman 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! Peace of... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: I broke my wrist shelving boxes at my employer's warehouse. When I went to HR to ask how to file workers' comp paperwork

I was told the company doesn't have workers' comp insurance. Is this legal? What do I do now?

Glenn Neiman 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... Read more »

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1 Answer | Asked in Business Formation and Workers' Compensation for Pennsylvania on

Q: If an LLC run by 2 partners has no employees, what would their workers compensation requirements be?

Timothy Belt 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.

1 Answer | Asked in Workers' Compensation for Pennsylvania on

Q: I drive my own car to and from client meetings for work. If I get into a car accident while driving to a client meeting,

can I request workers' compensation until I recover?

Timothy Belt 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.

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