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Pennsylvania Workers' Compensation Lawyer Blog

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Three Year Statute of Limitations Applies in PA Workers’ Comp With Medical-Only Notice of Compensation Payable

We are often asked why an injured worker in Pennsylvania needs an attorney.  “They know I got hurt on the job,” the injured worker might say, “Why would I need a lawyer?”  Well, the Commonwealth Court of Pennsylvania recently issued a decision that demonstrates why every injured worker in PA…

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PA Employee Hurt at Work Getting into Work Truck, After Work Day, Not Entitled to Workers’ Comp Benefits

There are two situations when an employee hurt at work in Pennsylvania is entitled to workers’ compensation benefits.  The first, which encompasses the vast majority of cases, is when the employee is “actually engaged in the furtherance of the [employer’s] business or affairs . . . .”  This is true…

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Types of Diagnostic Testing Used for PA Workers’ Compensation Spinal Injuries

When an injured worker in Pennsylvania hurts his or her spine, there are many diagnostic tests that a doctor may prescribe.  Sometimes, the doctors do not fully explain what a test is, or what it may show.  We believe that an injured worker should be fully informed, whether as to…

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Injured Worker in PA Must Prove Nonexistence of a Job at Employer

Since the 1996 changes to the Pennsylvania Workers’ Compensation Act (“Act”) took place, workers’ comp insurance carriers have had the ability to use Labor Market Surveys [LMS] (also known as Earning Power Assessments [EPA]) to reduce or stop the payment of workers’ compensation benefits.  We have previously addressed the “prerequisite”…

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Injured Worker in Pennsylvania Must Give Notice of Work Injury Within 120 Days

Under the Pennsylvania Workers’ Compensation Act, an injured worker has 120 days to provide notice of a work injury to his or her employer.  If notice is not given within this time, a Claim Petition may be barred.  The time period for giving notice can be extended where the work…

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Description of Work Injury in Claim Petition Matters in PA Workers’ Comp

When a person is injured at work in Pennsylvania, and the injury is not accepted by the workers’ compensation insurance carrier, the injured worker must file a Claim Petition to seek benefits.  Once the Claim Petition is filed, the insurance carrier has 20 days to file an Answer, responding to…

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The Opinion of a Medical Expert in PA Workers’ Compensation Need Not Have Magic Words

To prevail in a PA workers’ compensation case, typically the successful party presents the testimony of a medical expert, whose opinion is accepted by a Workers’ Compensation Judge (WCJ).  This expert opinion must be “to a reasonable degree of medical certainty.”  What is encompassed by those words is a bit…

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Specific Loss Benefits Awarded Under PA Workers’ Compensation Not Always Paid

There are several types of benefits which can be received by an injured worker in Pennsylvania.  A comprehensive review of these benefits can be seen here on our website.  One of those benefits is called “specific loss,” which contains things like loss of use of a body part and disfigurement…

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When “Accepted” Means “Denied” – Only in Pennsylvania Workers’ Compensation

When an employee in Pennsylvania gets injured, the PA Workers’ Compensation Act allots the workers’ compensation insurance carrier 21 days to investigate and accept or deny the claim.  If 21 days is not sufficient, the insurance carrier can opt to issue a Notice of Temporary Compensation Payable (NTCP or TNCP),…

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