How long does it take to get paid in a work-related injury?
Philadelphia, PA
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Posted 3 months ago in Workers Compensation
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I fell on the job and I am 31 weeks pregnant. I fell onto stomach and spent the night in the hospital. As of right now I am out of work for the week. I am being told you do not get paid for this, is this true?
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Answers (2)Glenn Neiman
This attorney is licensed in Pennsylvania and 1 other state.
Posted 3 months ago.
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It depends (how's that for a lawyer answer!). In Pennsylvania, you are not eligible for any wage loss benefits until you are out 7 days. If you are out of work for more than 13 days, then workers' compensation benefits start with the first day.
Timothy James Kennedy
This attorney is licensed in Pennsylvania.
Posted 3 months ago.
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To avoid any confusion: If you are out more than seven days, but less than 14 days, AND the claim is accepted, you would be paid for days 8 through 13 for those days you missed, but NOT for the first seven. Only if you miss 14 days or more would the workers compensation insurance company have to go back and pay benefits for the fist seven days missed. All of this assumes that the work injury claim is accepted. This is a big "if" in the current environment, where employers and insurance companies seek to deny fully legitimate claims. Workers compensation insurers and/or employers increasingly fail to comply with the law regarding claims that are short-term, claims where there is disability within the meaning of the Act but only PARTIAL disability (that is, where you are disabled from your regular job but placed on light duty), claims that are for medical billing only without substantial lost time from work, etc. Mostly because it's difficult to get a good workers compensation attorney to represent or advise you in these situations. Essentially, there is an increasing trend among employers and insurers to ignore obligations under the Act whenever they feel they can get away with it. Most often, they do get away with it, so the situation repeats itself. I encourage you to call me to discuss your claim. Some early good advice may help you to avoid an uphill battle in your situation. Without some guidance, you could end up having the employer's workers compensation insurer denying your claim, on the argument that any disability from employment is due to your pregnancy and not the work injury -- even where the work injury caused the pregnancy complication that forces you onto bed rest. Understand that even if they pay medical bills, this does NOT mean they have accepted your claim and does NOT bind them in any way or protect your rights AT ALL. Click my website link for my contact information and give me a call.
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