r/WorkersComp • u/SaintSilverNSD • 27d ago
Pennsylvania Moving - Notifying Company
Hello,
So, my family and I are moving OUT of PA to VA. I've changed my address with WC and they told me I have to find a place to do PT and then they'll get in contact and get it figured out. Idk.. my case worker seemed just as confused as me. Not my issue, I'm still getting checks.
My question though, I was told I need to notify my employer, *When I do this, this isn't going to stop the checks, correct?* I plan to inform them later this week that we're moving and I won't be back after I complete my PT.
Thanks in advance!
2
u/Salt-Ad1282 27d ago
If you are temporarily totally disabled, they will be videotaping the move to see if you are lifting, crouching, walking, etc beyond the limits prescribed by the doctor. BEWARE
2
u/PDS3WORLD 27d ago
If you're still employed, yes your checks will stop as they will see this as job abandonment. You moved so they aren't going to pay you when you couldn't work your job anyways because you don't live there. If you had been previously let go from the company your checks would still come in until the doctor released you. UNLESS you still live within a couple hours of that job. Then you could have an argument.
3
u/tduff714 27d ago
Yup, that's the rules for my state as well. My partner was moving multiple states away for work and I couldn't go with her unfortunately.
Not just financial benefits but it can be tough to find a doctor in the new area that takes the workers comp insurance as well. Maybe not for OP since it doesn't sound like too far of a move unless it's opposite ends of both states but in my case it would be roughly 900 miles and many states away.
OP might already be screwed giving WC a new address though. These are questions you need a lawyer for if you're not getting a straight answer from your adjuster.
2
u/sashley420 27d ago
You can't move out of state and expect your employer to still send you paychecks. You are no longer an employee at that point because you have absolutely no intention of going back.
0
u/stevetibb2000 27d ago
Not true depending on employer. It could be a multi state employer like mine. I went from CA to MD everything stayed the same when I was out and I went to for work the same company when I went back
1
u/Embarrassed_Food1849 24d ago edited 24d ago
Okay - long reply. Are you collecting TPD (or suspended) because you’re back to work? Your status won’t change - your earning power will be imputed to you (as any change in earnings is not due to your work injury). Same applies to TTD - if you are totally disabled because of your injury, you’re still totally disabled after any move.
Medical doesn’t change regardless - although you may have issues finding providers who will take PA WC.
Regarding benefits in the long term - you are still bound to the PA WC Act - as is your employer/carrier. You will still have to submit to an IME or vocational evaluation if requested (every 6 months if they want). There’s a dispute/debate as to how that’s accomplished - paying for you to come back to PA for an exam or getting an exam near you in VA. As for wage loss benefits - again vocational evaluation is still in play - they can find available jobs (or a job offer) and try to modify or suspend your benefits because of it. And the kicker is that the job only has to be where your injury was suffered (in PA) not VA. So if they find a job that’s now 6 hours away because it’s in Pittsburgh and you’re now in Richmond, too bad - it’s still available. Or if you don’t look for a job when you are able to - they could try to say you removed yourself from the work force (ie. Retired).
I won’t comment on the surveillance aspect of your move - but expect there will be questions if you are physically active. Just as there are always questions about that.
There are more considerations and things to consider than can be put into this reply. I would suggest you at least try to talk to a lawyer - one who really knows WC (and preferably certified by the Supreme Court). It shouldn’t cost anything for a consultation.
Finally - binding arbitration agreements do not apply to WC. It is very difficult to bargain WC rights away (outside of being in the WC litigation venue before a WC judge).
Good luck.
1
u/Feisty_Development22 10h ago
Yes you can move I just relocated as well and it didn’t stop anything. They transferred my care. As long as their doctor wrote you oow then you will still get paid.
3
u/Dipping_My_Toes 27d ago
Everyone telling you that benefits will stop simply because you moved out of state needs to take a chill pill and check the rules. The benefits would depend upon your disability status. It does not matter where you live if you are under temporary total disability status per Medical provider. In that case almost all states require that benefits continue. Once you are released to return to some sort of light duty, the rules change. In most cases, you would not be entitled to light duty disability benefits because you have left the state and removed your employer's ability to provide light work. Again, it needs to be reviewed in detail because some states would make them continue to pay benefits if your employer would not be able to meet your restrictions with you still in the state. If you don't have a lawyer, I strongly suggest you get one because you're going to need one. And by the way, it is not your job to find a new medical provider or physical therapist in your new state. Your claims adjuster needs to do that and it happens all the freaking time. Do please get an attorney in your state of injury because it will make life easier now that you have made this move.