Free Consultation: (215) 638-7500Tap to Call This Lawyer
PREMIUM
Glenn Neiman
  • Workers' Compensation
  • Pennsylvania
Rate This Lawyer
Badges
Claimed Lawyer ProfileQ&ALII GoldBlawgsearchSocial Media
Summary

I graduated from Temple University School of Law in 1992. Since that time, I have practiced solely in the areas of workers' compensation, social security disability, and related state and federal disability law. This was further limited to just Pennsylvania workers’ compensation matters over the last several years. In addition to Pennsylvania licensure, I am also licensed to practice in the state courts of New Jersey, and am admitted to practice in Federal District Courts in both states. On various occasions, I have been a speaker at public information seminars, as well as seminars sponsored by The Bucks County Bar Association and National Business Institute, on workers' compensation topics. I have also participated in The People's Law School curriculum, teaching a class on workers' compensation. Most recently, I was invited to join the faculty of LawLine.com, a prestigious legal education provider. I am an active member of the Bucks County, Philadelphia and Pennsylvania Bar Associations. Away from the office, I serve as President of the homeowners’ association of a 400-residence development.

Practice Area
  • Workers' Compensation
Fees
  • Free Consultation
  • Rates, Retainers and Additional Information
    No fee unless we obtain results.
Jurisdictions Admitted to Practice
Pennsylvania
Professional Experience
Education
Temple University
J.D.
-
Temple University
B.B.A. | Business Law/Management
-
Honors: Graduated cum laude
Professional Associations
Pennsylvania State Bar
Member
Current
Legal Answers
38 Questions Answered

Q. How do I know whether a workplace injury will be covered by workers' compensation?
A: Whether it will be covered is usually easy - the vast majority of employees in PA are covered by workers' compensation. Federal employees are under a different system, as are railroad, harbor and military, but most people are covered by workers' compensation. The better question may be whether your claim would be accepted. Regardless, the best way to find out if you are covered, and whether you should be entitled to benefits, is to have your case reviewed by an attorney who is Certified as a Specialist in Workers' Compensation Law, whether my firm or another of the fine attorneys on this board.
Q. When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.
A: Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your Average Weekly Wage (AWW). From there, the compensation rate is calculated. Since mistakes are often made by the workers' compensation insurance carrier in this area, it is always a good idea top have the calculations reviewed by an attorney Certified as a Specialist in Workers' Compensation Law, whether my firm or another of the fine attorneys on this board.
Q. Injured at work and going to PT, can work demand I go on my time after work hours?
A: The general rule is that if medical treatment for a work injury is available outside of your work hours, then the workers' compensation insurance carrier would not be responsible for the payment of wages you would lose by getting the treatment. On the other hand, if the medical treatment is NOT available outside your work hours, then the workers' compensation insurance carrier would be responsible for the payment of wages you would lose by getting the treatment.
Q. If comp has been paying for my neck injury but has not formally accepted it how do I get it accepted
A: You need to get an attorney, preferably one certified as a specialist in workers' compensation law, whether my firm or another of the fine firms on this board. An insurance carrier unilaterally describes the injury it accepts by issuing a Notice of Compensation Payable (NCP). If an injured worker wants to expand the injury to more than what is included in the NCP, the injured worker files a Petition to Review. I would be happy to discuss this process with you, if you wish. Good luck!
Q. Is it possible to keep a percentage of workers' compensation benefits being paid out, even after you return to work?
A: Yes, if you are back to work and earning less now than you were earning at the time of your injury (through fewer hours per week, or a lower hourly rate, or perhaps from lost OT), you should be entitled to partial workers' comp, to help make up that difference. The best thing you can do is consult with an attorney certified in workers' compensation law (whether my firm or another of the fine attorneys on this board). That way you can learn about al of your rights and responsibilities. Good luck!
Q. What is the maximum percentage they can take to recoup over payment and can my employer deduct from my paycheck
A: Before I answer your question, I would urge you to speak to an attorney certified as a specialist in workers' compensation, whether my firm or another of the fine attorneys on this board. You should not agree to any recoupment (or even acknowledge an overpayment) before the matter is reviewed to see if the insurance carrier is correct. Many times, they have made an error and there really is no overpayment. Or, circumstances may exist preventing them from getting a recoupment. The answer to your question, though, is it depends. There is no "maximum" the insurance carrier can take. A workers' compensation judge can consider the circumstances of the injured worker and allot an appropriate percentage (assuming there is even a basis for recoupment). Hope that answers your question. Good luck!
Q. Am I required to use the company doctor for my medical treatment if I want to receive workers comp benefits?
A: If an employer properly posts a list of doctors/healthcare providers (called a "panel posting"), then the workers' compensation insurance carrier only has to pay for treatment with one of those listed providers for the first 90 days after a work injury. However, there are rules for this panel posting that must be followed by the employer. If the rules are not followed correctly, which often happens, an injured worker is free to treat with any doctor the injured worker so desires. I would urge you to consult with an attorney certified as a specialist in PA workers' compensation law, either my firm or another of the fine attorneys on this board, to see what options you have in your case.
Q. Have employee out on WC. No BTW release in sight. We had to fill position. No longer have work for him. Can we terminat?
A: First, these boards are for general legal information, not for providing legal advice. You need legal advice, specific to your situation. Second, the question you are asking is not regarding workers' compensation exactly, but more employment law. You are seeking advice as to whether you can terminate an employee, and the risks and benefits of different courses of action. I would suggest you seek a consultation with an employment law attorney to best have your situation addressed.
Q. Final judge decision in workers comp
A: That's a hard question for us to answer here, without knowing either who the Judge is, or what evidence has been presented. Your attorney would be in far better position to give an answer to this question. That said, Judges are human. They review the evidence and consider who they believe. We could never predict how the Judge would interpret the evidence with no information.
Click here to see all answers
Social Media
Contact & Map
Brilliant & Neiman, LLC
Philadelphia & Surrounding Areas
260 W Street Rd
Warminster, PA 18974
USA
Telephone: (215) 638-7500
Fax: (267) 803-6298
Brilliant & Neiman, LLC
Lehigh Valley
609 Hamilton Mall
Allentown, PA 18101
USA
Telephone: (610) 740-1002
Fax: (267) 803-6298
Brilliant & Neiman, LLC
Trevose
5 Neshaminy Interplex Dr
#205
Trevose, PA 19053
USA
Telephone: (215) 638-7500
Fax: (267) 803-6298