Workers Compensation

In Pennsylvania workers’ compensation, Employers have a right to file a Motion to Compel a Physical Examination against an injured worker. These petitions are filed when an injured worker misses an independent medical examination scheduled by the workers’ compensation insurance carrier. Are employers entitled to have an injured worker undergo an Independent Medical Examination (IME)? As I discussed in prior blog posts here, Employers are entitled to have an injured worker undergo an independent medical examination during the pendency of…

Injured workers sometimes here attorneys at workers’ compensation hearings talking about a ‘closed period’? What exactly does a ‘closed period’ mean in Pennsylvania workers’ compensation? This concept of a ‘closed period’ is quite simple in workers’ compensation. When are you eligible for wage loss benefits? When you are out of work due to a work-related injury, you may be eligible for wage loss benefits, otherwise known as temporary total disability benefits. What does out of work mean? It means you…

Employers often times send signals when you should get a Workers’ Comp attorney. Let me preface that by saying, once you get hurt at work, you should seek a Workers’ Comp attorney. However, the way an employer responds to the reporting of a work injury should be a red flag to injured workers. What do employers do to injured workers that should be a red flag? First, when an employer refuses to complete an accident report, that is a red…

When you are injured at work and receiving wage loss benefits, at some point your employer may file a Termination, Suspension, Modification, Review, or Petition to Compel petition against you. This is a direct threat to your benefits. Your employer has a right to file petitions to challenge your ongoing receipt of benefits. When should you expect the employer to file a petition against you? Below lists common reasons a petition may be filed, although certainly not exhaustive. You underwent…

Here are some common questions I get on phone calls with prospective injured workers. Q: Can I sue my employer for negligence other than just workers compensation? A: No. It is extremely uncommon to be able to sue your employer outside the Pennsylvania Workers’ Compensation Act (Act) for an injury that occurred at work. Workers’ Compensation is the exclusive remedy. I know that is tough to hear, especially when your employer may have been at fault for the injury. The…