With more and more workers receiving pink slips as a result of the continuing economic downturn, workers who had been receiving workers' compensation benefits due to a work injury before they returned to work, may be be entitled to a reinstatement of wage loss...
Nuts and Bolts of Workers’ Comp Series: (11) Who is an Independent Contractor
An independent contractor is not an employee under the Pennsylvania workers' compensation act because of the absence of a master/servant relationship. The key factors to consider in determining whether someone injury on a job is an independent contractor or an...
Nuts and Bolts of Workers’ Comp Series: (10) Specific Loss Benefits
In Section 306(c) of the Pennsylvania Workers' Compensation Act, there is a schedule or list of weekly benefits for certain types of work injuries. These are known as "specific loss" benefits and can be used either as a sword or a shield when a worker has been injured...
Nuts and Bolts of Workers’ Comp Series: (9) Can I Still Get Social Security Disability Benefits?
If you are successful in obtaining Social Security Disability Income, social security is entitled to a credit for any workers' compensation received. For instance, if your monthly SSDI payment is $1200 per month and your workers' compensation is $400 per week (or...
Nuts and Bolts of Workers’ Comp Series: (8) When Can Employer Suspend my Benefits
Indemnity (or wage loss) benefits may only be suspended under the following circumstances: Return to work with residual impairment and without loss of earnings. Refusal to undergo reasonable medical treatment but only upon Order of the WCJ. Refusal to comply with an...
Nuts and Bolts of Workers’ Comp Series: (7) Stopping Your Benefits
Employers have the burden of proof to prove that employee's disability has ceased or that current disability not related The employer seeking to terminate workers' compensation benefits has the burden of proving that the injured worker's disability has ceased or that...
Nuts and Bolts of Workers’ Comp Series: (6) What do you Mean I have to pay back my Comp? The Meaning of Subrogation
Where an employee has received payments for disability or medical expenses from the employer or an insurance company on the basis that the injury or disability were not compensable, if it is later determined that the injury is work related, the employer or insurance...
Nuts and Bolts of Workers’ Comp Series: (5) Settling Your Case
Petitions to compromise and release Workers' Compensation benefits can be used to dispose of all ungoing claims as well as disputed matters under the Act. Under the changes to the Workers' Compensation Act in 1996, commonly known as Act 57, significant changes were...
Nuts and Bolts of Workers’ Comp Series: (4) Resumption of Benefits after Suspension
The Workers' Compensation Act provides for the resumption of benefits under the following circumstances when compensation benefits have been modified, suspended, or commuted in the past:Recurrence of disability or loss of earning power after return to pre-injury job...
Nuts and Bolts of Workers’ Comp Series: (3) Social Security and Pension Benefit Offsets
Under the changes to the Workers' Compensation Act in 1996, the receipt of Social Security Retirement and Company sponsored retirement benefits affected the amount of continuing workers' compensation benefits for the first time. Now when you start receiving those...
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