Joshua M. Bloom & Associates, P.C.
Local : 412-567-6650
Toll Free : 866-974-0915

MISSING WORK WHEN TREATING FOR WORK INJURY

An injured worker often asks, "Am I entitled to payment for time I miss from work to attend medical treatment related to my work injury (doctor's appointments, physical therapy sessions, etc.)?"

If the medical treatment is readily available during non-work hours, the injured worker is not entitled to wage loss benefits for any lost time from work to attend that treatment during work hours. (CPV Manufacturing Inc. v. WCAB (McGovern), 805 A.2d 653 (Pa. Commw. 2002)).  For example, if the employer is open until 3:30 p.m. but the injured worker chooses to leave work at noon every other Friday, stop at home to change clothes, and drive to appointments lasting only 15 to 20 minutes at his doctor's office, which is open until 7:00 p.m., the injured worker will not be entitled to wage loss benefits for the time he chooses to take off from work to attend those appointments.  Pennsylvania courts have stated that any loss in earnings resulting from an employee's personal preferences or voluntary conduct is not compensable.

In light of the above, the injured worker should not assume his or her employer or its workers' compensation insurance carrier will pay for any missed time from work for treatment related to the work injury.  If the injured worker needs medical treatment not readily available before or after work hours, he or she first should check with the employer to see if the employer is willing to pay for any time missed to attend treatment or make any accommodations that would allow the injured worker to obtain treatment during non-work hours.  If the employer is not willing to provide such payment or accommodations, the injured worker should call our law firm (412-288-6000) immediately for a free consultation.

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Joshua M. Bloom & Associates, P.C.
3204 Grant Building
310 Grant Street
Pittsburgh, PA 15219

Toll Free: 866-974-0915
Phone: 412-567-6650
Fax: 412-288-6010
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Joshua M. Bloom & Associates, P.C.
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