QUESTION
When does your: "date of disability begin" in PA for WC
Asked on Feb 03rd, 2015 on Workers Compensation - Pennsylvania
More details to this question:
Was hurt on 12/19/14, went to their Dr. immediately on 12/19. They gave me restrictive duty effective 12/20. I was not allowed to work the 20, 21, or 22nd. Went to another appt on 12/22. Again, they kept me on restrictive duty and I wasn't allowed to work until I was cleared on 1/5/15 and released to work on 1/6/15 Insurance company is saying that my date of injury is 12-19-14 and my date of disability began is 12-23-14. The insurance carrier said I was entitled to 2 weeks of pay but now they specifically sent me another form they want me to sign agreeing to their dates under: Further matters agreed upon... when I count the days, it is only 13 according to them, thus I believe they may be changing the days to not pay me 2 Weeks worth, only 1 week worth. Why is the date of disability the 23rd instead of the 20th since I was not able to work. Am I missing something or are they trying to get over. I would hate to think the insurance company is trying to get over.
1 ANSWER
Civil Practice Attorney serving Erie, PA
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Marnen Mioduszewski Bordonaro Wagner & Sinnott, LLC
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Generally, the date of disability in PA is the date that you suffered a loss in earning power. If you suffered a loss of earnings immediately and your loss of earnings exceeded 7 days then you may be entitled to wage loss benefits dating back to the date of your injury. You should ask the carrier to explain the discrepancy as it may simply be an error on their part. Perhaps their are additional relevant facts. If the carrier does not agree to pay benefits dating back to 12/19/14, you should retain a workers compensation specialist. Many , if not most, initial consultations will be free of charge.
Answered on Feb 20th, 2015 at 3:17 PM