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.