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O’Malley & Langan, P.C.
Workers Compensation Attorneys
Scranton - Wilkes Barre - Pennsylvania


1996 Amendment To The Worker's Compensation Act

1.
Your employer may now temporarily pay you workers' compensation for ninety (90) days without admitting liability.  If you receive a Temporary Notice of Compensation Payable,  you should immediately contact an attorney.

6.
If you return to work either with or without a loss of earnings,  please carefully read any paperwork.  It is advisable to consult an attorney to help you understand any confusing points regarding wage loss and the continuation of medical benefits.
2.
Your workers' compensation benefits may now be offset by fifty (50%) percent for any "old age" social security benefits.  There is also an offset for certain pension and severance benefits.
7.
If you are injured at work,  you must now treat with the employer's panel physician for ninety (90) days.  In the event surgery is recommended,  you are entitled to seek a second opinion,  you should consult an attorney to discuss how this will impact on the treatment by the company doctor.

3.
If you are on workers' compensation,  every six (6) months you will receive a form entitled "Employee Verification of Employment or Change in Physical Condition".  It is imperative that you fill out this form accurately and immediately.  Failure to return this form within thirty (30) days to the insurance carrier can result in your workers' compensation benefits being stopped.   If your compensation is stopped,  contact a lawyer immediately. 

8.
After one hundred four (104) weeks of total disability payments,  you will be requested to see a doctor who will determine your level of impairment.  In the event you do not exceed the new fifty (50%) percent threshold set by the legislature,  you will automatically be considered partially disabled.   if you are asked to go for an impairment exam,  immediately contact an attorney.
4.
You may now be found partially disabled based upon work which exists in the employment area in which you live regardless of whether you have been referred for a job or hired for a job.
9.
Certain provisions of the new Workers' Compensation Act will affect people who have injuries prior to June 24, 1996,  the effective date of the new act.  If you have questions as to whether the new workers' compensation law will affect you,  please seek the advice of an attorney.

5.
If approved by a workers' compensation judge,  the parties may choose to settle your claim which would end all responsibility by the insurance carrier for your workers' compensation injury including the payment of medical bills.  Do not compromise or settle your claim without first consulting an attorney.
10.
The fraud provisions of the new Workers' Compensation Act now impose an affirmative duty on you to report the receipt of any type of self-employment earnings,  unemployment compensation benefits,  and severance benefits.  If you have questions concerning your reporting requirements,  please seek the advice of an attorney.

 


O’Malley & Langan, P.C.
Scranton - Wilkes Barre - Pennsylvania
Workers Compensation Attorneys

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Disclaimer: The workers compensation lawyers at the law firm of O’Malley & Langan, with offices serving the Scranton, Towanda and Wilkes Barre, Pennsylvania area, has provided the materials on workers compensation and personal injury for informational purposes only. This does not constitute legal advice. The use of this site does not create an attorney-client relationship. If you believe you have a workers compensation claim in Scranton, Wilkes Barre or anywhere in Pennsylvania, please call one of our lawyers today.

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