News That Affects You!
(updated monthly)

Description of Injury
October 2005

When you begin receiving workers’ compensation benefits, it is extremely important to look at the description of injury and the document which accepts liability (usually a Notice of Compensation Payable or Agreement for Compensation). Very often, an Employer will simply list your injury as a “strain/sprain” when your injury is much more serious. Even if the Employer continues to pay for your medical bills, they may be able to later deny liability for the more serious injury. Therefore, it is you should always look at the Employer’s description of injury and make sure it matches your actual injury. If not, you may be required to file a claim or review petition in order to protect your rights.

The same is true if your injury later results in additional problems. For instance, people with knee and foot injuries often begin to develop back problems as a result of their limp. Often times, injured workers are lulled into a false sense of security because the Employer goes ahead and pays for the medical expenses related to these conditions. However, recent court decisions have made it clear that the mere payment of medical bills does not constitute an accepted injury. If you have any questions regarding whether or not your injury has been properly accepted, it is important that you speak to an attorney. This is a very complicated and evolving area of law.

Payment of Medical Bills
August 2004

Generally, a worker only has three (3) years from the date of injury to file a workers’ compensation claim. However, many insurance companies will pay medical bills for a work injury without ever formally accepting liability. In these cases, the statute of limitations will often be extended to 3 years from the date of last medical payment. This becomes important if you become disabled from your work injury more than 3 years from the original date of injury. If you are off work for a work injury and have been told that the statute of limitations has expired, you should consult an attorney to see if this exception applies.

Repetive Use Injuries
July 2004

The Pennsylvania Supreme Court has recently reaffirmed the proposition that repetitive use injuries are covered by the Pennsylvania Workers’ Compensation Act. This means that, if you have developed carpal tunnel syndrome or any other type of repetitive use injury as a result of your work activities, you may be entitled to workers’ compensation benefits. However, there are two important time limitations which apply. First, you must notify your employer of your problem within one hundred twenty (120) days of the last day you engaged in a work activity which contributed to the injury. This is sometimes, but not always, your last day of work. Second, you must file a petition for these benefits within three (3) years of this same date.

Scars
May 2004

If you have suffered any scarring to the head or neck as a result of your work injury, you may be entitled to additional compensation. This includes scars from surgery such as neck surgery. A workers’ compensation judge has the discretion to award up to 275 weeks of compensation depending on the appearance of the scar. This compensation is in addition to any benefits you may have received (or are receiving) as a result of lost time from work.

Temporary Notice of Compensation Payable
March 2004

After a worker is injured and begins missing time from work, an insurance company will often issue a Temporary Notice of Compensation Payable. If the insurance company chooses to retract this Notice, they must do so within ninety (90) days and within five (5) days of the last payment of compensation. If you have received compensation under a Temporary Notice of Compensation Payable and later had it denied, you should check to see if the insurance company met both requirements. If not, you are entitled to have your benefits reinstated. However, an insurance company will not do this voluntarily and you will most likely be required to file a petition with the Bureau of Labor and Industry. If you find yourself in this situation, you may wish to consult with an attorney regarding your potential rights.

Vocational Counseling
January 2004

In our October 2003 update, we indicated that you may not be required to attend to a vocational interview. Since that time, the Pennsylvania State Supreme Court has reversed an important case in that regard. If you are contacted by the insurance company to attend a vocational interview, it now appears that you will be required to attend this interview. If you fail to attend without adequate excuse, the Employer will be permitted to file a petition to compel your attendance.

If you are contacted for a vocational interview, it is important to consult with an experienced attorney. This interview is generally a sign that the Employer is going to attempt to reduce or eliminate your workers’ compensation benefits.

Increased Compensation Rate
November 2003

Update If you are currently receiving workers’ compensation benefits and feel your compensation rate is too low, you may be entitled to additional benefits. Recent court decisions have allowed for increased compensation rates if you received workers’ compensation benefits for another injury or sickness and accident benefits in the year prior to your injury. In addition, if you were laid off and received unemployment compensation you may also be entitled to have your compensation rate recalculated.

Vocational Counseling
October 2003

If you have been contacted by the insurance company to meet with a vocational counselor, you should immediately consult an attorney.

Recent cases from Commonwealth Court have suggested that you are not required to attend these interviews. If you attend the interview, you may lose your right to challenge the counselor's opinions at a later date. However, if you do not attend the interview, the insurance company may file a petition to shut off your benefits.

Because this is a new and evolving area of law, it is important to discuss this situation with an experienced attorney.