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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.
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Temple University
B.B.A. | Business Law/Management
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Honors: Graduated cum laude
Professional Associations
Pennsylvania State Bar
Member
Current
Legal Answers
59 Questions Answered

Q. I injured my dominant shoulder on the job. Do I have to accept literally cleaning bathrooms, break room, fridges.
A: Generally speaking, as long as a job is within your physical capabilities, and you are qualified to perform the necessary tasks, a judge or court will not look kindly if you elect to decline a job. That said, every situation is different and you should consult with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board, for advice specific to the facts of your case. Good luck!
Q. R-shoulder labrum tear: light duty Can I be made to go against my restrictions or do a job that causes pain or a ....
A: The short answer is NO, you should not be made to work beyond the restrictions placed upon you. The longer answer is that you should immediately contact an attorney certified as a specialist in PA workers' compensation law, whether my firm or another of the fine attorneys on this board, so you can have someone in your corner, to protect your rights. I am sorry this happened to you, but do not let yourself be a victim more than is necessary. Good luck!
Q. What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?
A: As Mr. Palutis indicated, an employer is required to report a work injury to the PA Bureau of Workers’ Compensation. This is to be done by a specific form, Employers’ Report of Injury. Failure to report the injury could lead to penalties for violating the PA Workers’ Compensation Act. Regardless, an injured worker should not wait for the employer to act. Meet with an attorney certified as a specialist in workers compensation law and get advice specific to the facts of your case. Good luck!
Q. Can the insurance company schedule an IME with a dr that is I’ve 90 minutes from my home?
A: The scheduling of an IME is basically whatever a judge would find reasonable. Often, the judges give great latitude to the insurance companies on this, but every situation is different. This would vary depending on the type of injury, where you live and where they want you seen. Talk to an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. Good luck!
Q. Can FMLA leave be combined with workers' compensation?
A: I agree with Mr. Belt. Workers’ compensation and FMLA accomplish different goals and can be taken together. Workers’ compensation provides wage loss and medical benefits, but does not protect your job. On the other hand, FMLA does not give any monetary or medical benefits, but does provide job protection.
Q. How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
A: I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you! Peace of mind.
Q. I broke my wrist shelving boxes at my employer's warehouse. When I went to HR to ask how to file workers' comp paperwork
A: No, this is illegal. In fact, your employer’s failure to carry workers’ compensation insurance in PA is a crime. You need to immediately get an attorney, preferably one certified as a specialist in workers compensation law. There are now very short time frames for filing claims when no insurance is available. Do not wait!
Q. I work for a small company of under 20 people. Is my employer required to offer workers' compensation?
A: There is no minimum number of employees to require an employer to have workers' compensation coverage in PA. Even if an employer has a single employee, the employer, by law, must have PA workers' compensation insurance. Failure to carry workers' compensation insurance in PA is a crime and can lead to a fine and/or imprisonment.
Q. Can part time employees get workers comp?
A: I agree with my colleagues - while the number of hours an injured worker works a week would have an impact on the amount of wage loss benefits the injured worker would receive, there is no minimum earnings required to be eligible for workers' comp benefits (similarly to there being no minimum time an employee has been on the job to be eligible for workers' comp benefits). Good luck!
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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