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In Pennsylvania, do you need to not be working at all in order to be compensated by workers comp insurance?

Wilkes Barre, PA |

I was out of work collecting workers comp, I went back to work in good faith but, I cannot make a whole week. Can I be compensated for the days I miss? My Dr. has me on modified duty, but my employer never discussed my restrictions with me even after I requested. So, the modified duty is my same job with nothing different. please help. also, I have a reinstatement hearing on Tuesday, since they have not compensated me since june, when I first tried to go back.

Attorney Answers 10


  1. Yes. There seems to be allot going on with your claim. If you don't have one, get a lawyer for your hearing ASAP as there is to much to discuss in this forum. Best of luck!


  2. If you have physical restrictions from the work injury and you are earning less than your time of injury Average Weekly Wage shown on your Notice of Compensation Payable, you are probally entitledd to partial disabilty wage loss benefits calaculated as shown at http://www.pa-workers-comp-lawyers.com/calculate-partial-disability-benefits-owed
    Hopefully, you have a workers' compenation lawyer attending Tusday's hearing.


  3. The are many possibilities for you but you need to discuss the claim with an attorney before Tuesday unless you already have one.

    If you would like a free phone consultation with my office call 215-545-1870.


  4. If you went back to work for a brief time, then the insurance carrier probably filed a Notice of Suspension under §413(c) and hopefully you filed the Employee Challenge which triggered your upcoming hearing. At that hearing if you can show that you are not earning your preinjury wages, your benefits should be reinstated. If they offer you modified work at which you will earn less than your preinjury wages, you should be entitled to partial disability benefits. You can read more articles about these types of benefit modifications here:

    http://www.workerscomplawyerpa.com/Workers-Compensation-Claims-Benefits-Settlements/Can-My-Benefits-Be-Modified-Suspended-or-Terminated.shtml

    If you don't already have a lawyer, I strongly recommend contacting one right away. Good luck.


  5. yes. hire a workers compensation attorney for the hearing. You need a doctors rating for your disability claim, but if everything is in order you should be able to make a valid claim.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


  6. I agree with the other posters that if you have returned to work under restrictions due to your work injury, and you are now experiencing a loss of earnings, you are entitled to a presumption that the loss of earnings is related to the work injury.

    If you don't already have a lawyer, you should get one. I notice you are from Wilkes-Barre. I have several hearings in Wilkes-Barre on Tuesday, so if you do not have a lawyer, please feel free to contact me today or even stop by in the waiting area tomorrow. Good luck.

    Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. belt-law@belt-law.com www.belt-law.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.


  7. Yes, if you are earning less than your average weekly wage because of your restrictions, then you are entitled to Partial Disability benefits. Additionally, the employer must abide by your restrictions or they are violating the law. You should seek counsel immediately.


  8. Yes, you can be compensated if you have an accepted claim, if your missed time is due to your accepted work injury, and if your average weekly wage since your return is lower than your pre-injury average weekly wage as listed on the Statement of Wages. It is strongly recommended that you speak to an experienced Pennsylvania Work Comp Lawyer immediately. The goal of the insurer is to pay as little as they can on each claim. As a PA Work Comp Lawyer, it is my goal to get you everything you are entitled to given the evidence (ie, medical records, testimony, etc) at hand. I hope it works out for you- and make sure to attend any hearing- even if it is simply to ask the Judge for more time to obtain a PA Work Comp Attorney. Good luck.

    It is important to recognize that no attorney-client relationship is formed unless and until you sign a Fee Agreement with my law firm. Every case is unique and requires an individual analysis based on all facts, not just the facts disclosed here. The answers provided are general tips and should not be interpreted as legal advice for your situation. It is strongly suggested that you speak to and retain an attorney for legal advice.


  9. I agree with the others that you would be entitled to partial disability if you earn less after your return to work under restrictions, either because your hourly rate was lowered or because you can't work as many hours.

    If your doctor advises you not to work at all because they do not accommodate your restrictions, you would be entitled to reinstatement. Your case has some complications and I strongly recommend that you talk to a lawyer in your community who does Workers Compensation cases. There are certain types of evidence you need to submit, and the opinion of the Defense Medical Expert has to be evaluated.

    Best of luck in securing a good and fair result.

    Tim McNair

    I can't give you legal advice, other than the general information given above, unless you meet with me.


  10. Wow! There are so many things in your question that really worry me as a lawyer. You say there is a hearing coming up, and it looks like you are not represented by any lawyer. You are taking a huge risk going to any hearing without a lawyer.

    The employer/insurer will have a lawyer at the hearing and that lawyer is going to do everything in his or her power to get your case dismissed. There are certain things that you need to prove and you will most likely need a doctor to testify at a deposition for you to win your case.

    The Judge at the hearing cannot really help you at all and must remain "impartial." The Judge might tell you to get a lawyer, and you really should. You have what is call the "burden of proof" because this is your petition. You need to porve everything, and you cannot simply go to the Judge and tell him what your doctor says. That's called hearsay, and it is not admissable.

    Even if you have medical records that show you are disabled. That's not enough. You will probably need to take a doctor's deposition. And that costs money.

    You shoukd also take a very close look at the documents that the employer filed with the Bureau of Workers' Compensation, both after you injury, and after the date that you returned to work. You need to find out if the initial injury was accepted (it probably was) and then if the employer properly "suspended" you benefits when you went back to work.

    That are so many other important things that you should look at. There are lots of lawyers out there, and some will take your case and charge you nothing while it is pending.

    Good luck.....

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