Under the Pennsylvania Workers’ Compensation Act, if your work causes you any injury or illness, you are entitled to receive payment for your medical expenses and lost wages. In case the injury or illness is fatal, your dependents receive the death benefits.
Here is the link to the entire law
But things aren’t this simple.
Sometimes, employers and their insurance carriers refuse to pay the compensation you are asking for. Other times, preexisting conditions come to the surface that might make your workers’ compensation case weaker. And what if your work injury does not take place at work but on the way to work? Does that count as grounds for compensation?
To travel through this maze and have the best protection that the Pennsylvania Workers’ Compensation Act can provide, you need a competent lawyer. But a healthy bit of homework never hurt anybody.
The more you know about the Workers’ Compensation Act, the better prepared you’ll be for what’s to come.
So, here are 7 critical things you must know when you suffer a workplace injury.
(Almost) All Pennsylvania Workers are Covered by the PA Workers’ Compensation Act
All Pennsylvania employees – barring a few exceptions – are covered by the Act. This includes all companies including nonprofit corporations and unincorporated businesses, too. Even if you are the sole employee at your company, you are covered under the workers’ comp Act.
Some employees who may not be covered under this Act include:
- Federal civilian employees (they are covered by other compensation systems)
- Volunteer workers
- Agricultural workers
- Railroad workers
- Shipyard workers, and
- Casual employees.
For a complete list of workers who may not be covered under this Act, please visit the Department of Labor & Industry website. Or take a look at this handy document for a quick review of Pennsylvania Workers’ Compensation Act.
Your Work Comp Coverage Starts on the Date You Get Hired
However, for timely receiving of benefits, reporting the injury/illness promptly to your employer is critical. If you delay it too long, you run the risk of employer/insurer refusing to accept your claim or compensation.
If that happens, you will need a workers’ compensation lawyer to properly file a claim petition with the Workers’ Compensation Bureau.
(Almost) All Injuries and Illnesses are Covered by the PA Work Comp Act
The Act is highly comprehensive in its intention to provide the full might of law to the injured/ill worker. The only two instances where the Act may fail to cover you are when the injury or illness is:
- Self-inflicted, or
- Due to the violation of law (including intoxication or drug use, etc.)
(note also there is a defense called a Violation of a Positive Work Order)
In such cases, no workers’ compensation will be provided to the injured employee.
The Act Offers Several Compensation Benefits
There are four key benefits that are provided under this Act:
- Medical Expenses: payment of medical expenses such as medicine, surgery, hospital stay, and other treatments.
- Lost Wages: monetary compensation in case of complete or partial disability where you either can’t work or the work pays less than your pre-injury wages.
- Death Benefits: paid to your dependents.
- Specific Loss Benefits: a specific loss award for permanent loss of all or part of your sight, hearing, arm, and leg, etc., or some serious disfigurement to your head, face, or neck.
The best Philadelphia workers’ compensation attorneys who are specialized in the field can help maximize these benefits for you.
Notify Your Employer Instantly to Be Eligible for Compensation
First of all, notify your employer immediately – within 21 days of the injury/illness to be precise. If 120 days pass and you fail to inform your employer of your injury, no compensation is allowed. Please remember that unless the notice is given, or your employer already knows about your injury, no benefits are allowed. You can only receive wage loss benefits once you report the injury if the claim gets accepted.
So, report your injury timely. Once you do that, your employer is required by law to file a compensation claim with their carrier for the benefits to start coming in. Your employer or their insurance carrier have to the right to accept or deny your claim within 21 days.
To safeguard your benefits, the smartest thing is to hire a workers’ compensation lawyer in Norristown (or at least consult with one) as soon as you can after you suffer the injury.
You Can Choose Your Own Healthcare Provider From a Given List
Your employer will give you a list of six or more physicians or healthcare providers that you can consult with for your treatment. You can choose provider from that list; your employer cannot force you to visit anyone in particular.
For the first 90 days, you can only get treatment from a provider from the list. After the 90 days, you are free to visit a consultant of your choice provided you notify your employer of the physician you have chosen. Your employer and their insurance carrier have the right to receive monthly lists from your healthcare provider.
In cases where no list of physicians is provided by your employer, you can get treatment from anyone, and your employer or their insurer will cover the medical costs.
However, if you go to a provider of your choice within the initial 90 days, your employer or their insurer may refuse to cover that bill.
You Must Work Within the Time Limits as per the Pennsylvania WC Act
While the law is pretty sympathetic to the injured worker, there are time limits that need to be followed to keep everything running smoothly. With the help of a competent Philadelphia workers’ comp attorney, you can easily keep ahead of all the timelines, and everything that comes with it.
Some of the important time limits to keep in mind include:
- Employer must be notified of the injury within 21 days of the incident, and no later than 120 days for the allowance of compensation.
- You have three years (from the date of incident) to file a claim petition if your compensation benefits are denied by your employer or their insurer.
- Your employer and their insurance provider have 21 days to accept or deny your claim.
- In case of occupational illness, you have 300-weeks from the time you were last exposed to the hazardous element/chemical to file for your compensation claim.
- For the first 90 days of your injury, you have to visit a healthcare provider of your employer’s choosing. After the 90 days are up, you can go to any physician that you want and your employer will foot the bill. There are some exceptions to this so speak to a workers’ compensation lawyer in Allentown as soon as possible.
Call Cardamone Law Today to Make Your Workers’ Compensation Journey an Easier One
The information we have shared here today is only so you can be prepared to deal with the many ups and downs that come your way when you file a workers’ compensation claim. Before you start to feel overwhelmed, though, know that at Cardamone Law, you are in best hands. We have fought and settled hundreds of workers’ comp cases and helped secure our clients millions of dollar in settlements.
Under Michael Cardamone, all of us are trained to go after the big guys every day. This is what we do. And we are pretty good at it.
If you or a loved one has suffered a workplace injury or illness, give us a call today for free consultation. In this no-obligation meeting, we’ll discuss the details of the case and suggest you the most helpful course of action.
The best Pennsylvania Workers’ Compensation Lawyers are 24/7 available at (267) 651-7945 or drop an email directly to Michael Cardamone at Michael@CardamoneLaw.com
Our courts in Pennsylvania have held that an injury must be “in the course of” employment. An employee hurts their back lifting a heavy box at work – this is clearly in the course of employment. A nurse hurts her shoulder when a patient falls off balance – this is clearly in the course of employment. But there are situations where the actual manifestation of the injury need not occur in the course of employment. One of these situations include circumstances or factors causing the injury to occur in the course of employment even if the actual injury doesn’t.
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This can arise in a heart attack situation where a claimant sustains a myocardial infarction that had the onset at home or elsewhere – but not at work.
The Case that Set the Precedent
Krawchuk vs. Philadelphia Electric Co., 439 A.2d 627 (Pa. 1981).
The details of the case go something like this.
“At the time of his death, Claimant’s decedent was working under great and unusual stress stemming from the work he was doing in connection with a special project known as “PMS4?, and a treatise he was to deliver, on behalf of his employer, in California a few days later (9). In addition to the special project and other duties, Claimant’s decedent had also been working for several weeks on the preparation of a treatise to be delivered in California (10). All of the above activities constituted additional and unusual exertion on the part of Claimant’s decedent, arising from and related to his employment (11). On the day prior to the heart attack, Claimant’s decedent was examined by Dr. Albert J. Kraft, who, at that time, found the Claimant’s decedent to appear tired and under great stress due to his added work load. *118 (12).
For five hours prior to the heart attack, Claimant’s decedent had been working at his home on the treatise which he was to deliver on behalf of his employer at a convention to be held in California a few days thereafter (13). Dr. Kraft, a cardiology specialist, testified as to a causal relationship between the stress occasioned by Claimant’s decedent’s heavy work load and the fatal coronary, which he sustained on May 10, 1973; and stated unequivocally that there was a causal relationship between the stressful events concerned with the decedent’s work and his death from myocardial infarction.
(Notes of Testimony, 10/21/74, pages 16 and 17). (Emphasis added).”
What Does the Case Prove?
The court found that in certain circumstances, to establish ‘course of employment’ it is not necessary for the actual injury to take place during the actual work.
In this case, for example, while the heart attack itself didn’t happen at work, the events causing it were work-related, according to the Judge. Krawchuk has since been followed by the Commonwealth Court of Pennsylvania.
Bottom Line:
Think about it. This makes absolute sense. The place where the symptoms are experienced or felt, doesn’t necessary have to be at work – but if the work activities caused the symptoms, it can be a work – related injury nevertheless.
Philadelphia Work Comp Law Firm
Cardamone Law University, our firm’s podcast for injured workers, is currently ranked 5th in the nation by FeedSpot! We aim to put out regular content, that’s easy to understand, and that’s not too long-winded. We realize many people don’t have 60 minutes to listen to a lawyer speak. So we produce short pieces on specific topics that you may want to learn about.
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Montgomery County, PA Injury Lawyers
If you’re an injured worker, and you receive a document in the mail called Assignment of Petition to a Workers’ Compensation Judge, then that means either your attorney, yourself, or the employer’s attorney, filed a petition in your case. The most common petitions are: Claim Petition, Penalty Petition, Review Petition, and Termination, Suspension, or Modification Petitions. If you settled your case, then a Petition Seeking Approval of a Compromise and Release will be filed.
So what does this document mean? It just tells you which Pennsylvania Workers’ Compensation Judge will hear/decide the petitions (s) that were filed. After you receive this document, you will soon receive a Notice of Hearing. The Notice of Hearing will tell you the date, time, and location of the hearing. Note that since March 2020 to the present and ongoing, that most hearings are by video. But check the notice and speak to your attorney to be sure.
If there is litigation started in your case, make sure to call us if you aren’t represented. Injured workers will usually double or triple their net wage loss benefits by lawyering up- and you don’t have to send any money- it’s a contingent fee system in Pennsylvania Workers’ Compensation.
I get many phone calls from clients and prospective clients about the peculiar document, called a Notice of Ability To Return To Work. This is a form, LIBC 757, sent to an injured worker pursuant to Section 306(b) (3) of the Pennsylvania Workers’ Compensation Act.
What does it mean when you receive this notice? Is it a job offer? Do you have to return to work immediately if you have received a Notice of Ability to Return to Work?
What is Notice of Ability To Return To Work?
Pennsylvania Work Comp Notice of Ability to Return to Work is sent whenever a doctor, whether yours, or an Independent Medical Doctor, claims you have some ability to work, whether full duty or with restrictions. They are required to send out this notice promptly to the injured worker, according to the PA Workers’ Compensation Law.
The Contents of Notice of Ability to Return to Work
As stated above, this notice is sent to the injured worker under Section 306(b) (3) of the Pennsylvania Workers’ Compensation Act.
That provision states, “If the insurer receives medical evidence that the claimant is able to return to work in any capacity, then the insurer must provide prompt written notice, on a form prescribed by the department, to the claimant, which states all of the following:
- The nature of the employee’s physical condition or change of condition.
- That the employee has an obligation to look for available employment.
- That proof of available employment opportunities may jeopardize the employee’s right to receipt of ongoing benefits.
- That the employee has the right to consult with an attorney in order to obtain evidence to challenge the insurer’s contentions.” (emphasis added)
Is Notice of Ability To Return To Work A Job Offer?
Many injured workers believe that this Notice of Ability To Return to Work is a job offer – it is not. It is just what it says: a Notice stating that some doctor opines that you can work – in some capacity.
A lot of injured workers also worry that the Notice of Ability To Return To Work means you have to get back to work in a PA work comp case even if your own physician tells you otherwise.
The only time this notice can be considered a job offer is when the form is accompanied by a job offer letter. In every other case, the Notice of Ability To Return To Work in a PA work comp case is simply just a notice. Be careful to make sure a job offer isn’t enclosed with the Notice.
An important thing to note here is that in most cases when this notice is sent, it is often the beginning of litigation, where an insurer/employer is challenging your benefits.
So, if you receive a Notice of Ability to Return to Work, you should call a Certified Philadelphia Workman’s Comp Lawyer right away, to get your case strategy set. Failure to do so can adversely affect your benefits and your employer may become successful in compelling you to come to work.
The Purpose of the Notice
What is the purpose of the Notice sent to injured worker? The Commonwealth Court of Pennsylvania, in Burrell v. Workers’ Compensation Appeal Board (Philadelphia Gas Works), 849 A.2d 1282, held that “the purpose of the notice requirement is to require the employer to share new medical information about a claimant’s physical capacity to work and its possible impact on existing benefits”. The Court in Burrell also noted that formal notice is not required where a claimant is actually performing the work.
What if there is a conflict between IME Doctor and Treating Physician?
Another source of confusion regarding the Notice of Ability To Return To Work is that the Notice often comes on the heels of an independent medical exam- that is, an exam by a doctor which the work comp insurer chooses. The IME doctors frequently claim that an injured worker is either fully recovered from her work injuries or that the injured worker has the ability to work within certain restrictions. This opinion often conflicts with the injured worker’s own doctor. The treating physician may believe the injured worker cannot work at all, or that she needs more restrictions than the IME doctor imposed.
Therefore, the injured employee may be confused about what restrictions the Employer will utilize in making a possible job offer- the IME doctor’s restrictions or her own doctor’s restrictions. It is strongly recommended that the injured workers call an experienced Pennsylvania Work Injury Lawyer to discuss this situation. The next move taken by the injured worker can make or break a case.
What If the Insurer Fails to Send the Notice of Ability To Return To Work In A Work Comp Case?
The failure of an insurer to send the Pennsylvania Work Comp Notice of Ability To Return To Work will sometimes, by itself, defeat an attempt by the employer/insurer to reduce benefits. For an employer to successfully reduce benefits, it must send out this Notice promptly. There are some exceptions, however. For example, in Smith v. Worker’s Compensation Appeal Board (Caring Companions, Inc.), No. 417 C.D. 2012, the Commonwealth Court found that the Notice of Ability To Return To Work was not required because Claimant herself had provided her employer with a copy of her doctor’s restrictions. The purpose of Section 306 (b)(3) had already been achieved.
Notice of Ability To Return To Work and Medical Record
The Notice of Ability To Return To Work will state not only what work the physician deems appropriate, but also some other boilerplate language such as reminding the worker than she has an obligation to look for available employment, that proof of available employment may jeopardize the employee’s rights to the receipt of ongoing benefits, etc.
The insurers, upon receiving medical records indicating that the worker can work in some capacity, even with many limitations, must send this Notice, if it wishes to file a petition seeking to modify or suspend an employee’s benefits based on the doctor’s opinions. And, it must be sent promptly. What determines if the notice is sent promptly is determined on a case by case basis. If the insurer fails to send this document, the injured worker will be able to argue that any pending petition (i.e., a Petition to Modify or Suspend benefits) based upon the change in physician condition (i.e., the opinion by a doctor that she can now do certain kinds of work) should be dismissed.
How to Respond to PA Work Comp Notice of Ability To Return To Work
What should an injured worker in Pennsylvania do when she receives a Notice of Ability To Return To Work? The best answer is speaking to an experienced Allentown Workman’s Comp Attorney as soon as possible to discuss the potential PA work comp settlement in the light of notice. This Notice usually means a Petition to reduce benefits is coming down the pike. You will need to speak to a work comp lawyer to analyze your case and to gather any evidence which may conflict with the allegations and opinions in the Notice of Ability To Return To Work.
What to Do if You Receive a Notice of Ability to Return to Work
For more info about a Notice of Ability to Return to Work, or Pennsylvania Work Comp Law in general, call Cardamone Law, the leading workers’ compensation firm in PA, 7 days a week at 215-206-9068.
If you think your work injury case is concluded because you have started to receive your benefits checks regularly, think again.
Your employer’s insurer is trying to save as much money as possible. To that end, they may decide to invoke supersedeas and petition you to appear for an independent medical exam.
What is Supersedeas?
Supersedeas is a legal term used in Pennsylvania workers’ compensation law that allows an employer to stop your wage loss benefits immediately. “Supersedeas” is the request by the employer/insurance company to cut off/supersede or reduce your indemnity (wage loss) benefits.
You will often see a Supersedeas request when a Termination/Modification/Suspension Petition is filed against you. These are the three main petitions an employer/insurer can file to threaten your Pennsylvania Workers’ Compensation benefits. The employer/insurer’s attorney will most likely request Supersedeas but the Work Comp Judge will normally grant you some time after the first hearing to submit some initial evidence rebutting the allegations in the petition. (not all Work Comp Judges allow extra time, so be careful to know your Judge and his/her rules- some want the Supersedeas evidence ready at the initial hearing) For example, if the insurer/employer filed a Petition to Terminate benefits, they are alleging that you are fully recovered from the accepted work-related condition. The Judge assigned the case, soon after the first hearing, will make a Supersedeas Decision. So you will want to speak to an attorney to make sure you are submitting evidence to win the Supersedeas Decision, and that directly refutes the allegations in the petition. If it’s granted, then your wage loss checks will stop during the litigation. If the request for Supersedeas is denied (this is more common), then your wage loss checks will continue as the case proceeds through court. If you are not receiving wage loss benefits, then there is nothing to supersede so Supersedeas doesn’t apply. Again, Supersedeas only goes to the wage loss benefits. The medical benefits are not affected.
After Supersedeas, the case continues where the parties have 90 days each (normally 180 days total) to secure their evidence. Then a final hearing will take place where the evidence is submitted, after which the Work Comp Judge will advise the parties how long they have to submit written arguments called “Briefs”.
Timeline of a Supersedeas Case
In cases where we win a decision on behalf of an injured worker, the employer/insurer often files an appeal to the Workers’ Compensation Appeal Board. That appeal is due 20 days from the date of the decision from the Workers’ Compensation Judge.
The insurer’s attorney will often request Supersedeas or an Order that states that they don’t have to pay the award, or perhaps costs or a penalty award, at the outset of the appeal process.
An Order from the WCAB is due within 30 days of the request for Supersedeas.
Litigation in a Pennsylvania Workers’ Compensation case can take up to a year or more. The Supersedeas Decision from a Work Comp Judge will happen soon after the initial hearing. Winning Supersedeas is really important and should not be taken lightly. The Supersedeas Decision from the PA Work Comp Judge is an Interlocutory Order– this means it is not subject to appeal like a final order on the merits of a case.
What happens at the Supersedeas Hearing?
A special supersedeas hearing is held before a Workers’ Compensation Judge within 21 days of the assignment of the Employer’s Petition.
At the supersedeas hearing, the Claimant’s attorney submits an affidavit from the injured worker stating why benefits should not be stopped and detailing the medical problems that the Claimant is still suffering as a result of the work injury.
The Claimant’s attorney will also submit a recent, relevant medical report from the Claimant’s treating physician stating why the Claimant is still disabled and not able to return to work.
How is the Decision Reached?
Within 14 days of the supersedeas hearing, the Judge must issue a written decision on the request for supersedeas. Unless a supersedeas is granted by a written order, it will be deemed denied.
How to Win a Supersedeas Case
As your appointed Philadelphia Workers’ Compensation lawyer, we will counter this by demonstrating that
- they are not likely to prevail on the merits,
- that they will not suffer irreparable injury if Supsersedeas is denied,
- that a stay will substantially harm our client, and
- that the issuance of a stay will adversely affect the public interest (see 6i – 6iv above).
Winning the Supersedeas decision at the outset of the appeal is critical so that our clients can get their money, pay their bills, and start getting out of debt after a long time in litigation/court.
Our Workers’ Comp Lawyers Can Help
Supersedeas is a really important matter if you are an injured worker and receiving wage loss checks. Why? Because if you lose the Supersedeas Decision, your checks will be reduced or stopped as the case proceeds. And, litigation can take up to a year sometimes, even more in some cases. So you want the cash flow to continue and winning Supersedeas is the way to do this! Call Norristown Workers’ Comp Law Firm Cardamone Law 7 days a week to get your case reviewed. No charge, no costs. Fees in Pennsylvania Work Comp are contingent. We win the vast majority of Supersedeas Decisions, thereby positioning our clients’ cases in a way that maintains leverage, especially for settlement negotiations.
Successful Client Results for Cases Involving Supersedeas Requests
A Case Involving a Serious Foot/Ankle Injury
Cardamone Law successfully defeated a Supersedeas request, (a request at the outset of litigation by the insurer to reduce an injured worker’s wage loss benefits) in a case involving a serious foot and ankle injury. The insurer attempted to argue that the Claimant refused reasonable and necessary medical treatment, but Attorney Michael Cardamone argued that the insurer failed to specify what treatment and meet the other elements of such a Petition to Suspend. The Work Comp Judge denied the Supersedeas request which allows the wage loss benefits to continue as the litigation proceeds.
A Supersedeas Case Involving an Injured Bus Driver
Michael W. Cardamone, Esquire, President of Cardamone Law, has secured another victory for his client, an injured bus driver. Cardamone had won the underlying case a few years ago, getting his client onto workers’ compensation benefits after her work-related knee injury. The litigation was fought hard and Cardamone prevailed by showing the Workers’ Compensation Judge that his client was credible and that her doctor, an orthopedic surgeon who did her knee surgery, had a more credible opinion than the hired gun from the Employer.
In this most recent litigation, the Employer is alleging that Cardamone’s client is fully recovered. The first part of the case is called Supersedeas whereby the Employer asks the Judge to supersede or cut off the wage loss checks. In response, Cardamone submitted an Affidavit from his client, and recent medical records indicating that she is not fully recovered.
The Workers’ Compensation Judge denied Supersedeas which means the wage loss checks will continue as the litigation unfolds. This is a critical win because litigation can take up to a year- sometimes even longer. The victory allows Cardamone’s client to keep paying her bills as she tries to recover and restore her earning power.
A Supersedeas Case Involving an Injured Truck Driver
Michael W. Cardamone, President of Cardamone Law, secured an important victory for his client, an injured truck driver. Cardamone’s client sustained a work-related foot and ankle injury. The insurer sent him to an IME doctor who claims who is now recovered. Cardamone presented evidence from both his client and the treating physician, demonstrating that his client is not fully recovered. Consequently, the Workers’ Comp Judge denied Supersedeas- that is, a request at the outset of litigation, to reduce the wage loss payments. As the case proceeds on the merits, Cardamone’s client will continue to get paid.
A Case in Monroe County, PA
Cardamone’s client faced a Suspension of her benefits based on a Petition filed by her employer/insurer. However, Cardamone successfully argued to the Workers’ Compensation Judge at the initial hearing that the allegations in the Petition were vague and not conducive to any meaningful reply. The Work Comp Judge agreed, directing the employer/ insurer to set forth more specific allegations, denying their request to immediately shut down the wage loss checks. Consequently, Cardamone’s client will continue to receive her checks as the litigation proceeds on the merits.
Our Law Firm Secures Housekeeper’s Dues
Michael W. Cardamone, CEO of Cardamone Law, has secured another Supersedeas victory for his client, an injured worker who injured her low back working as a housekeeper in Northeast Pennsylvania. The insurer tried to cut off her wage loss benefits by submitting an “Independent Medical Exam”, but Cardamone successfully rebutted the report by submitting an Affidavit from his client confirming that she is not recovered, and some of her recent medical records.
As a result, Cardamone’s hardworking client can continue to pay her bills as she receives ongoing treatment for her work injury.
Contact Cardamone Law by calling (267) 651-7945 for a free case assessment with our Chambersburg, PA Workers’ Comp lawyers.
I received a Petition to Terminate my benefits for my Pennsylvania Work Comp case, what do I do? If you aren’t represented by a lawyer yet, please call us 7 days a week at (267) 651-7945. The insurer is alleging that you are fully recovered from the accepted work injury. What does accepted mean? Well, the last controlling document issued, whether a Notice of Compensation Payable, a Supplemental Agreement, or perhaps an Order from a Work Comp Judge, will detail what diagnoses are accepted. A Termination Petition often comes after you see an Independent Medical Examiner. Sometimes, your own treating doctor may opine as to a recovery, but it’s most frequently the opinion of an IME doctor hired by the insurer/employer.
The Petition will get assigned to a Work Comp Judge. Then you will be scheduled for a first hearing. This first hearing, called Supersedeas, is when the insurer/employer’s attorney will offer the IME report or medical report of a doctor which claims a full recovery- and they will ask the Judge to stop the checks if you are receiving wage loss checks. However, before deciding the first stage of the case- Supersedeas- the Judge will give you a chance to present your rebuttal evidence showing you aren’t in fact recovered. Your attorney will explain what documents or evidence is needed to win this first and critical part of the litigation.
Often times, the Judge will set up a Mediation where the parties meet with another Judge to try to settle the matter. Insurer will have 90 days or so from the first hearing to take the deposition of the IME doctor and present any other evidence. Then the Claimant (injured worker) will usually get 90 days after that to present his or her case.
Call a Pennsylvania Workers’ Comp Lawyer for more information about Termination Petitions in Pennsylvania Work Comp cases- or email. (267) 651-7945.
If you are an injured worker and you receive a hearing notice, you want to speak to your PA Work Comp Lawyer as soon as possible. If you don’t have one, call PA workers’ compensation attorneys at (267) 651-7945. There are some Judges who want the injured worker present at all hearings, and other Judges who don’t expect the attendance unless testimony is being presented.
The Duration of the PA Work Comp Hearing
How long will a Pennsylvania Work Comp Hearing take?
It depends! Sounds like a lawyerly answer, I know- but it’s true. Some hearings are 5 minutes or less- where the lawyers are giving the Judge an update with the evidence.
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It depends! Sounds like a lawyerly answer, I know- but it’s true. Some hearings are 5 minutes or less- where the lawyers are giving the Judge an update with the evidence.
Other hearings can take an hour or longer if testimony is being taken. If you have a PA Work Comp settlement hearing, that often takes only about 10 minutes or so. Of course, you could be sitting around for much longer, just waiting for the Judge to dispose of prior cases, but the settlement hearings, once started, are quick.
The Dress Code For PA Workers’ Compensation Hearings
Do you need to dress up?
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You should look respectable. That’s the bottom line. You are not required to wear a dress if you are a lady or a suit if you are a man. But showing up to Court in jean shorts or a tank top is not advised.
The Attendees of Workers’ Comp Hearing
Who will attend the hearing? Well, the Work Comp Judge will be presiding. The two workers comp PA lawyers (sometimes more PA workers compensation employee rights attorneys, if there is a “joinder petition”) will be present. Sometimes you will need to attend, per the above, and sometimes a witness from the employer will be there, or even the adjustor/claims rep. It depends on what’s happening at the hearing.
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Again, always touch base with your PA workers compensation attorneys when you receive a hearing notice. They may not have all the details in place when the hearing notice comes out, about what will be happening at the hearing, but it’s a good practice to touch base anyway, and then stay tuned as the hearing approaches.
The Recording of Workers’ Comp Hearing
Will the hearing be recorded?
Some Judges may not make a record if it’s just a quick update. Other Judges like to go on the record for every case, no matter what’s occurring. There will be a stenographer there, taking down each word that is said and a transcript can be requested.
Contact PA Workers’ Compensation Attorneys
For more information about Pennsylvania Work Comp Hearings, call or email us at (267) 651-7945 or Michael@Cardamonelaw.com
Comp? Cardamone!
If you’re an injured worker who receives Pennsylvania Workers’ Comp benefits, at some point, the insurer may request a “vocational interview”. This begins the workers comp vocational assessment process whereby the insurer tries to establish an earning power. They must first confirm that the pre- injury employer cannot accommodate your restrictions, before undertaking the vocational assessment in a workers’ compensation case in Pennsylvania (sometimes referred to as a “Labor Market Survey” or “Earning Power Assessment”).
What is the purpose of Vocational Assessment?
The vocational interview tends to last about 45 minutes or so. I attend these with my clients to make sure the questions are appropriate and relevant. Then the expert tries to find jobs within the injured worker’s geographical region that fit within the vocational and physical abilities of the injured worker.
A report gets generated listing the specific jobs that are allegedly available. It lists the alleged earning power of the injured worker, and soon thereafter a Petition to Modify or Suspend benefits is filed- putting the case before a Workers’ Compensation Judge.
How To Tack Petition To Modify or Suspend Work Comp Benefits?
There are many ways to defend a Petition to Modify or Suspend benefits. Call or email me 7 days a week to discuss your case- no fees can be charged in any work comp case without a court order so there must be litigation or a settlement for a work comp attorney to get paid. In other words- you’ll get advice without having to send us any money. Call a Philadelphia Workers’ Comp Attorney at (267) 651-7945 or email at Michael@CardamoneLaw.com.
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5 Things to Remember About Workers’ Comp Vocational Assessments
Here are some things you should consider when dealing with workers comp vocational assessment:
- Avoid making thoughtless claims that could be used to revoke the work comp benefits
- Do not make exaggerated or overly optimistic statements to your vocational counselor
- Don’t let the vocational counselor mislead you, pay attention to what he is saying and respond carefully
- Always listen to your doctor, don’t rush back to work. It is important to get back to work as soon as you are ready but never put your health at risk
- Hire an experienced and knowledgeable workers’ compensation attorney to protect your work comp benefits
Lawyer Up! Contact Cardamone Law
The Workers’ Comp Vocational Assessment is a common way to challenge benefits. It is not a wise decision to fight the insurer alone. They are receiving legal advice from attorneys and you should too. Your loss of earning power may be significant and permanent and you won’t want to have your checks reduced merely because you failed to “lawyer up”. This area of the PA Work Comp Act is very technical and you will want a Certified PA Work Comp Specialist to maximize your chances at defending against a reduction in your weekly or bi-weekly checks.
Do repetitive work injuries count as work-related injuries in Pennsylvania?
Yes! Whether your injury was sustained suddenly, or from repetitive work activities, it is a work injury so long as 1) you were an employee at the time, 2) it occurred in the course and scope of your employment (ie, while you were working), and 3) your doctor agrees that it was caused by your work activities. (also make sure to meet the 120 day notice requirement under the Act)
Now, this doesn’t mean that your Employers’ doctors or an IME doctor won’t have another opinion. For example, in carpal tunnel cases, many times the medical experts will have different opinions as to what caused the condition. These claims are frequently denied. Do not let this discourage you! You can, and should, pursue any repetitive work injury. How is this done? Hire an experienced Pennsylvania repetitive work injury lawyer. We are here to help you at The Cardamone Law Firm, LLC– a specialty boutique firm solely dedicated to injured workers. TCLF gives you the individual attention your case needs to succeed.
If my injury occurred from repetitive work activities, what is the date of my injury? Good question. If you are not working currently, it’s usually the last day of work-since each day of work is considered a new injury under the Pennsylvania Workers’ Compensation Law. If you are continuing to work, it’s often the day you gave notice of the injury to your Employer. Sometimes, the date of injury is the day of the diagnosis by a doctor. It’s obviously not as cut and dry as a traumatic work-related injury, but it’s just as valid as a matter of law.
The most common repetitive trauma work injury that I see in Pennsylvania is carpal tunnel syndrome. Some other repetitive work injuries in Pennsylvania Workers’ Compensation cases are low back injuries from repetitive lifting, or shoulder injuries from repetitive lifting or assembly line work. These are just a few examples.
It is very important for an injured worker in Pennsylvania to describe the specific mechanism of injury– that is, a description of what work activities caused the symptoms. This is a key foundation for the medical expert opinions. Sometimes the doctors will race through the history portion of the examination, so be sure to slow them down to explain and document what you were doing at work which caused your problem. Make sure to tell the provider if you had previous symptoms in the same body part- even if it was many years ago. Sweeping a prior injury or treatment under the carpet can significantly damage a work comp case. Always always always tell the truth. And remember, an aggravation of a pre-existing condition is still a work-related injury under the Pennsylvania Workers’ Compensation Act.
Repetitive work injury cases in Pennsylvania Workers’ Compensation cases are not treated any differently regarding the litigation process. You still need to produce a medical expert who opines, within a reasonable degree of medical certainty, that the work activities caused the diagnoses- or were a substantial contributing factor. In addition, the injured worker will have to testify about the circumstances surrounding the injury.
If you need a Repetitive Stress Work Injury Lawyer in Philadelphia or Pennsylvania, call one of Pennsylvania’s Workman’s Comp Lawyers Michael W. Cardamone, Founder of The Cardamone Law Firm, LLC 7 days a week at (267) 651-7945 to reach him directly for a free analysis of your case.
