Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

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  1. #1
    Join Date
    May 2008
    Posts
    237

    Default Can You Work While Waiting

    Does anyone know if you can return to your previous job if your getting better, and still be able to keep your case open?
    thank you for any input.....

  2. #2
    Join Date
    Feb 2008
    Location
    Gillette,Wy
    Posts
    99

    Default Re: Can You Work While Waiting

    after my injury, I took a month off and attended physical therapy. I returned to work and my case was closed. I stopped recieving ttd, and worked for almost three month's before my back started to get bad again. I called my wcc and informed her that I had gone to the emergency room, and was going to make a dr's appointment and she allowed it. since I have had three surgeries and a quite expensive and extensive case with no problem's. I hope this help's.peace

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Can You Work While Waiting

    Does anyone know if you can return to your previous job if your getting better, and still be able to keep your case open?
    Tell your PTP of your thoughts, and see if s/he can determine IF there are restrictions to your job duties, eg. lifting, sitting, standing etc. Based on your injury.

    If there are restrictions, and your ER can provide the 'light duty/modified' work, you can RTW, receive TPD if necessary, and you retain the medical benefits as 'medically necessary'' and 'reasonable'...

    A WC claim remains 'open' until it is 'resolved' either by court order, Stipulation w/Award, or C&R.

  4. #4
    Join Date
    May 2008
    Posts
    237

    Default Re: Can You Work While Waiting

    thank you both for your responses, I appreciate it....but here's my scenario,
    I'm in pa., and I was issued temp benefits for 3 weeks before they dropped me becoz w/c doc said I had a sprain and told to return to work, my treating doc sent me to a surgeon who performed surgery.....I since appealed w/c decsion to drop me, and have not been paid in months, used up my own sick time and now on short term disability, which is 1/2 my pay.....can't afford to live with that, so I'm thinking if my treating doc releases me to work, can I go back and keep my case open? I don't have a court date for 8 months.....
    will this affect my case?
    thanks so much for any direction....

  5. #5
    Join Date
    Jan 2008
    Location
    New Oxford, Pa. USA
    Posts
    430

    Exclamation Re: Can You Work While Waiting

    I'm in the same situation, after surgery I had complications a tear in my spinal cord and was re-operated on and had to spend another week in the hospital. Before that I was considering making them an offer to settle because of financial problems, they saw this as a weekness and denied my claim. I'm now on STD and while I was in the hospital I was evicted and lost my appartment. They only got 1/2 of my belongings out and now the landlord is charging me 30 a day storage until it goes to sherriff sale. They won't even let my people whom can move things for me a clean to get in there. All this is leagal in Pa. I'm going to court on the 20th for the first time this month with my lawyer to demand reinstatement of my disability payment 2/3rds is better than 1/2. Also did you know that you have to repay STD insurance anthing you collect from them while waiting on your case since your disability was work related? Make sure your lawyer know's that you are collecting so they can add that to the final settlement. Allot of times no one will mention it and you will get a bill from your co STD ins. at the end of your case. I know it's hard but when I was going to give up everyone told me not to and they were right. They try to drive you broke and with me they did with a son just starting college this summer on a grant and all I have to pay is reg. fee and books, well it's going to be hard and a close call but I'll be dammed if they screw up my sons life too.

    Hang in!

    Nipper

  6. #6
    Join Date
    May 2008
    Posts
    237

    Default Re: Can You Work While Waiting

    Nipper, I can't believe this happened to you, you really been thru it........your right, don't let them, which is easier said then done, not sure how long I'm going to hang in there, I have one going in college this yr too.....is this your first court case coming up?
    I know about the std only coz they had me sign something saying if I win, I owe it back, but you made a good point, make sure the lawyer adds that in, I did not think of that part, so thank you for that.......
    do you know what the procedure is to go to court to demand re-instatement? is this your first court date?

    thanks for all the info, and take care and hang in there, are things better for you now?

  7. #7
    Join Date
    Jan 2008
    Location
    New Oxford, Pa. USA
    Posts
    430

    Wink Re: Can You Work While Waiting

    iod,

    Your more than welcomed, I've gotten allot of help from this forum so like with the STD thing I like to pass it on. I also had to sign the same form and I fax or e-mail a copy of everything I get paystubs etc. to my lawyer. I have a 2 pm phone app. with him today. This is my first time going to court and it is because my lawyer put a petetion in for reinstatement of my pay and medical so I'll let you know after Friday. Things at home has not gotten much better. My husband just started working again but the bills and everything are so much I really do not know when it will be alright. Hoping our stimulous check comes in but the goverment has that tied up for som bs in 2005, was just notified of that one. So as I look at it just try and take it one day at a time (corny huh) and keep at what is my full time job now which is my case I have three large folders over flowing with that and getting my son in college.

  8. #8
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,095

    Default Re: Can You Work While Waiting

    iod, if the IC only issued a Temporary Notice of Compensation Payable then withdrew that notice and filed a Notice of Compensation Denial with 90 days of being notified of your injury, they have not accepted your claim and there is nothing to reinstate. The burden will be on you to file a Claim Petition, prove a work related injury and resulting disability. The claim process, start to finish normally takes between 12-18 months.

    If you return to work, your employer is entitled to a credit against actual earnings. You are entitled to 2/3 of the difference between your time of injury average weekly wage and your actual earnings to the extent that your earnings are reduced as a result of you work injury. All medical bills that are found to be reasonable, necessary and causally related to the work injury are payable by the IC.

    If you have received STD benefits, and the STD carrier is seeking repayment, make sure that document is part of the record. Otherwise, to the extent that your employer funded this benefit, the IC will seek a credit against any wage loss you are found to be entitled to.
    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.

  9. #9
    Join Date
    May 2008
    Posts
    237

    Default Re: Can You Work While Waiting

    Thanks T.B. I get more info from you then my real attorney! I appreciate it....
    confused on the credit part to the employer, After w/c issued my temp, they paid me for approx 4 weeks, since then I've been on my own sick time/vacation time, etc...up till last month, I'm now on std which is a benefit from my employer........what would I owe my employer?

    so do you think I could still go back to work providing my dr discharges me, and keep the case pending? hearing is in 8 months.

    also, on the paper work when they issued the "stop" it says even though they agree I had a work injury, I do not fall under the pa law under "disabilty"

    thanks for all your input

  10. #10
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,095

    Default Re: Can You Work While Waiting

    Sick and vacation time, to the extent that it is an accrued/earned benefit, should be treated as earnings without a credit to your employer. The employer funded STD benefit normally results in a credit to your employer, so it is important that you make any repayment agreement with the STD carrier part of the record to avoid having to pay back the same money twice.

    Even if you return to work the case would still go forward. There are back benefits and ongoing medical benefits still in dispute.

    By denying disability but not injury, your employer has agreed that you were injured, but you still have to prove the nature of the injury. They have denied disability which is synonymous with wage loss. In other words, even though you were injured, they are saying you could have continued to work without a loss of earnings.
    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.

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