Are there conditions other than sustaining an accident on the job whereby an employee can receive Workers’ Compensation?

If the work you do on your job causes a pre-existing injury to become worse you may be eligible for Workers’ Compensation.   An example would be a worsening of a herniated disc.  Also, if you suffer from an occupational disease related to your employment (such as black lung) or if you sustain an injury caused by repetitive stress, you may be eligible for Workers’ Compensation.

It makes sense, if you have any questions, to call the Montgomery County Worker's Compensation Lawyer for a free consultation.   

Is an injured employee required to submit to a vocational examination if the employer orders one?

An employer can request a vocational exam after an injury in order to determine if the worker still retains earning power.  In other words, the employer is looking to see if the injured worker can still perform some type of work which might lessen or stop the workers’ compensation benefits he/she is receiving. In such cases, it is best to seek the advice of an attorney who practices workers’ compensation in Montgomery County, Pennsylvania. 

Quick Hits: Where is the main office of the PA Workers’ Compensation Bureau?

The address is: 1171 South Cameron Street, Room 324, Harrisburg, PA 17104-2501. 

The phone number is: 717-783-5421. The toll free number is 800-482-2383.

Quick Hits: Are part time workers covered under PA Workers’ Compensation Act?

Yes, part time workers are covered. 

Quick Hits: How long does it take to receive the first Workers’ Compensation check in PA?

As a Montgomery County Workers Comp lawyer, I know that you need money.  That is why I don't charge any upfront fees for my services.  

To get your first check, you must be out of work for seven days before benefits are due. The seven days includes weekends.

Benefits are payable on the eighth day.  You receive a retroactive payment for the first seven days once the injured worker has been out of work for 14 days.  The worker normally would receive the first check within 21 days once the seven days period has been satisfied.  

What happens if you are offered a light duty job but refuse to take it?

If it can be proven that you are medically and physically able to perform a light duty job, you may lose your compensation benefit if you refuse to accept the light duty position. However, if your doctor says you are able to perform light duty work but none is available, you may continue to receive compensation benefits.

In any event, you MUST discuss these options with your Montgomery County, PA workers compensation lawyer.  You can make a big mistake if you do not gt a good, solid legal opinion.   

Why should an injured worker hire a Workers’ Compensation attorney?

Workers’ Compensation attorneys in Montgomery County are skilled in all the facets of the Workers’ Compensation laws. The law is sometimes on the side of the injured but it often takes an attorney to battle for the client who is most likely unfamiliar with the procedures involved in obtaining the maximum due benefit.  Attorneys are not paid unless they are successful in obtaining benefits for their clients and fees are governed by law.  The employer most certainly will have an attorney so hiring your own attorney levels the playing field.

Quick Hits: Do injured workers receive prescription coverage under Workers’ Compensation?

Yes, injured workers are entitled to prescription coverage, supplies and services.  Any Workers' Compensation Lawyer in Montgomery County can assist you in this matter.  

Quick Hits: What is” Partial Disability” in a Workers’ Compensation case?

The injured worker is considered partially disabled if a medical exam determines that he/she is less than 50% disabled.  The worker can remain partially disabled for up to 500 weeks.  It is possible to have your rating changed to total disability if a medical exam determines that you are at least 50% disabled. 

Quick Hits: How are medical bills paid under Workers’ Compensation?

Doctors and hospitals submit their bills directly to the employer’s insurance company.  The injured worker is never required to make any payment.

What is Alternative Dispute Resolution?

Either the injured worker or the employer can file a petition with the Office of Adjudication when there is a dispute over benefits.  A workers’ compensation judge schedules a hearing unless he/she deems otherwise.  You can also request an informal conference. Forms for an informal conference can be obtained from the Bureau of Workers’ Compensation Claims Information Hotline at 800-482-2383.

What is an Independent Medical Exam (IME)?

Employers and their insurance companies can require an injured worker to submit to a medical exam conducted by a physician of their choosing.  These physicians most often side with the employer in determining if a true injury occurred or that the injury is debilitating.  An injured worker would be wise to consult with an attorney prior to the exam to discuss his/her legal options. 

Quick hits: Can decisions of a Workers’ Compensation Judge be appealed?

Yes, decisions can be appealed to the Workers’ Compensation Appeal Board and possibly to the Commonwealth of PA court.  

What is a lump sum benefit in a Workers’ Compensation claim?

Employers sometimes offer an injured worker a lump sum payment in order to minimize payments to workers going forward.  The decision to accept a lump sum is very serious and requires the advice of an attorney who is a Montgomery County Worker's Comp lawyer who can advise you if the amount is fair.  

The amount of the lump sum is based on several factors such as the nature and extent of the injury, the age of the injured worker, the educational history and past employment record and the cost of continued medical care.  When you accept a lump sum payment you forego any right to future benefits .The agreement must be approved by a Judge.  The process of settling a workers’ compensation case is  known as “Compromise and Release”.

I cannot stress how important it is for you to have a professional review your case and make sure you are not losing money!

Are all employees in Pennsylvania covered under the PA Workers’ Compensation Act?

Not all workers are covered.  Certain employees such as federal government workers, longshoremen and military service workers are covered by other legislation.  Casual laborers, domestic and agricultural

workers may not be covered.  An attorney in Montgomery County, PA work practices Workers’ Compensation law is able to advise workers in these positions if they are eligible for benefits. 

Is an employee covered by PA Workers’ Compensation if they are injured while traveling to or from the work place?

Unfortunately, no, PA Workers’ Compensation does not cover such incidents.  However, if you are injured while traveling on company time or “on the clock” you would be entitled to benefits. 

How does an injured Montgomery County employee select a doctor to treat the injury?

You have probably seen a variation of this question on my Montgomery County Worker's Compensation lawyer site.  

If your claim is accepted by your employer and the employer has posted a list of at least six doctors in your place of employment, then you must visit one of the doctors listed and remain with that doctor or another one on the list for 90 days after your first visit.  If no list is posted, you may receive care from a doctor of your own choosing but you must notify your employer which doctor you are seeing. 

If you require surgery, you many seek a second medical opinion without any cost to you. However, the surgery must be performed by a listed provider if a list was provided. Your employer has the right to request your doctor to submit monthly reports on your condition. Additionally, when you are receiving benefits, your employer has a legal right to make you go to a physician of their choice for a medical examination.  You may go to any doctor of your choosing once the 90 days after the date of injury expires.  This includes not just the doctor treating you but also physical therapists, second opinion doctors and any needed specialists.  

What should an injured employee do if he/she receives a Notice of Impairment Rating Examination (IRE)?

Such examinations known as IRE are hearings requested by the employer and can impact the worker’s right to obtain lost wages.  It is advisable to contact an attorney immediately. Your MontCo Worker's Comp Attorney will advise whether or not the worker will have to attend the hearing in person.

Quick Hits: Is an employer required to retrain a worker if the worker can no longer perform the job they had prior to the injury?

No, the law does not require an employer to retrain you or provide you with vocational counseling. 

Quick hits: What does an injured worker do if he/she finds out the employer does not carry PA Workers’ Compensation insurance?

You are not out of luck!  First, call me to discuss what can be done for your Montgomery County Worker's Comp case.  Then, we will most likely be calling the worker's comp bureau.  In such situations, you may be eligible for benefits under the Uninsured Employer Guaranty Fund.  You can also contact the PA Bureau of Workers’ Compensation at 800-482-2383 for more information. 

What should an injured employee do if he/she receives a Petition to Terminate, Modify or Suspend workers’ compensation benefits?

In such situations the injured worker should contact a lawyer who specializes in assisting workers with their claims. The employer must present evidence to the Judge that proves the injured worker is recovered fully or partially.  

Quick Hits: What happens if my employer denies my claim?

If your employer denies your claim, you have the right to file a petition for a hearing before a workers’ compensation judge.  OBVIOUSLY, before you do anything, call your worker's comp lawyer immediately.   

What are the tax implications for receiving Workers’ Compensation for a Montgomery County worker?

It is tax time.  Which stinks.  But, this is an important questions and one that should come from the IRS mouth:

“Amounts received for occupational sickness or injury are FULLY EXEMPT if paid under a workers’compensation act or statute in the nature of a workers’ compensation act.  This exemption also applies to your survivors.  The exemption, however, does not apply to retirement benefits plan benefits you receive based on your age, length of service, or prior contributions to the plan, even if you retired because of an occupational sickness or injury.”  

 Of course, it is important for you to discuss these issues with your Montgomery County accountant.  

Where does the injured worker go to attend a Workers’ Compensation hearing?

If a hearing is held, there are various offices located throughout the state. In Bucks County there is a hearing office in Bristol. In Montgomery County, PA there is an office in Malvern and two offices are located in Philadelphia where the worker will go with their Montgomery County Workers' Compensation Lawyer. 

What should a person do when they are first injured at work?

I've discussed this issue before as it is important to your rights in workers' compensation.  The most important thing is to report your injury PROMPTLY to your employer; provide the date and  physical location where the injury incurred.  If you do not inform your employer, no compensation is given until proper notice is provided.  Notice must be given no later than 120 days after the injury in order to be eligible for compensation.  You have three years  from the date of injury to  file a claim petition. 

Quick Hits: What happens if the company doctor believes you are able to return to work but your own doctor thinks you are not able?

Get ready for war.  Your Montgomery County Workers Compensation lawyer should be ready for this.  

Under such circumstances the employer would file a petition to terminate, modify or suspend benefits.

A workers’ compensation judge would hear your case. You would receive your benefits until a hearing

is scheduled. 

How does someone qualify for PA Workers’ Compensation in Montgomery County, Pennsylvania?

Employers are required to provide workers comp to all full and part time employees.  If a condition

of employment causes an injury, illness or disease, the employee may be entitled to Worker's Compensation.  There are certain religious exemptions that require a detailed explanation.  

If an injury, illness or disease is self inflicted then no compensation is due to the Montco individual.  Nor is compensation due if an employee violated the law such as illegal drug use or intoxication. No compensation is due for  injuries caused by attacks by another person of a personal nature. 

But, the devil is in the details and the boss may say one thing, but you know it is the other.  Thus, you need to get in touch with your Montgomery County Worker's Compensation Lawyer immediately to fight back.  

When are benefits payable under PA Workers’ Compensation?

An injured worker must be out of work for seven days (including holidays and weekends) before benefits kick in. After fourteen days, you are entitled to a retroactive payment of the first seven days.  This refers only to monetary benefits. Medical benefits are effective immediately after injury but be sure to notify your employer as soon as possible when an injury occurs and also call your Montgomery County, PA Workers Compensation Lawyer.   

Volunteer Work and Workers' Compensation in Montgomery County

If you are volunteering in Montgomery County, Pennsylvania, you must be careful regarding injuries while you are volunteering.  In Wolf v. WCAB (County of Berks), a volunteer who received a stipend for food and transportation did not receive "wages" and thus is not eligible for worker's compensation.

Furthermore, in Brookhaven Baptist Church v. WCAB (Halvorson) from 2007, an employee of a church was performing volunteer services for the church which was not part of their employment agreement.  The individual was injured while performing their volunteer work.  This person was not eligible for workers' compensation.

So, if you are injured, it is likely you are not eligible.  But, you should check with a lawyer from Montgomery County who practices workers' comp law to find out what your rights are.

Quick Hits: Can an injured employee receiving workers’ compensation also apply for social security benefits?

Yes, an injured employee in Montgomery County, PA may be able to apply for socialsecurity benefits.  However, certain conditions apply. Your workers’ compensation benefits will be reduced.

If you are in Bucks County, you should contact a Bucks County disability lawyer for your social security benefits.  

What is the PA Workers’ Compensation maximum benefit?

If you are in Montgomery County, PA and have a workers' compensation issue, you are covered under Pennsylvania law.  It is important to understand the nuances of the payment issues regarding workers' compensation in our county.

Most injured workers receive a benefit equal to two thirds of their weekly salary.  However, there is a maximum amount which changes every year and is based on the statewide average weekly wage.

For the year 2013 the PA maximum is $917.00 for injuries occurring on or after January 1, 2013.