Monthly Archives: December 2011
How does being cleared for light duty affect my Workers’ Compensation claim?
If you have been injured during the course of employment, you are entitled to wage-loss benefits while you are unable to work due to your injury. You may be wondering what happens in the event that the employer’s doctor clears you to return to light-duty work that is within your medical restrictions.
First, if you are cleared to return to light-duty work, you can continue receiving workers’ compensation benefits until the employer notifies you that light-duty work is available. Once you receive a light-duty offer, you can choose to accept or decline the offer.
If the offer is declined because you feel that you are unable to return to work, the employer can file a petition to terminate or modify your workers’ comp benefits. The workers’ compensation judge would then decide whether your WC benefits should be terminated or modified following a hearing. However, you would be able to use …
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How much can I receive for lost wages in a Workers’ Compensation claim?
If you have been injured due to a work-related injury, you are entitled to a portion of your lost wages. Generally, an employee received about two-thirds of their lost wages. However, wage-loss benefits are subject to certain caps, as well as different tiers. Â How much you receive also depends on the type of your disability and whether you were considered totally disabled or partially disabled.
Total Disability Wage-Loss Benefits
If you cannot work at all due to your injury, you will receive the following wage-loss benefits.
- If you make more than $1,287.00 per week you will receive $858 per meek (the maximum amount of compensation allowable)
- If you make between $643.51 and $1,287.00 per week you will receive 66.667% (two-thirds) of your average weekly wage.
- If you make between $476.67 and $643.50 per week you will receive $429.00 per week.
- If you make $476.66 per week or
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How Does The Workers’ Compensation Process Work In Pennsylvania?
Every employer is required to carry workers’ compensation insurance in Pennsylvania. In the event that an employee is injured during the course of employment, the employee’s medical bills and lost wages should be covered by the employer’s policy. However, WC claims are routinely denied by insurance carriers, typically on the basis that the alleged injury is non-work related.
Reporting the Injury
As soon as you are injured while working, you should report the injury to your employer. Written notice is preferred, but oral notice suffices. You have 120 days to report the injury to your employer or you will be barred from recovery. Once the employer is notified of the injury, they should complete an Employer’s First Report of Injury form (Form LIBC-344) and submit the form to their workers’ compensation insurance carrier and the Bureau of Workers’ Compensation. You have the right to receive a copy of this form.…
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Being Denied PA UC Benefits Due to Self-Employment
Section 402(h) is the section of the Pennsylvania Unemployment Compensation Law which states that a claimant is ineligible for unemployment benefits if they are self-employed.
What many people do not realize is that once they become self-employed, they are ineligible to collect unemployment benefits. Most people who have lost their employment and have had trouble regaining employment often try to start their own business. While this feels like the right thing to do, once you decide to take the leap to start your own business, you can no longer collect unemployment benefits. If you claim benefits while you are self-employed, you may be required to pay back any benefits you received while you were self-employed.
Another area where this body of law arises is when the claimant accepts a position with an employer and is classified as an independent contractor and earns wages on a 1099 basis rather than as …
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