Experienced Pennsylvania Workers’ Compensation Lawyer for Workplace Injuries, Lost Wages & Medical Benefits
Workers’ Compensation is a benefit program overseen by the Pennsylvania Department of Labor and Industry. It provides wage loss and medical benefits to workers injured during their scope of employment. Employers must carry workers’ compensation insurance to pay these benefits. There are other covered benefits, such as death benefits for dependents of those who suffer work-related deaths, hearing loss benefits, benefits for loss of specific body parts and disfigurement benefits. It is a no-fault system, so negligence does not have to be proven. When there is a dispute concerning the right to receive benefits, the employee or employer files a petition and a workers’ compensation judge will decide the dispute.
Almost every worker in Pennsylvania is covered by the Workers’ Compensation Act. Seasonal, part-time workers and employees of non-profit corporations are all covered by the Act. Certain employees are covered by other compensation benefit programs such as railroad workers, Federal employees, longshoremen and shipyard workers. Other employees are not covered such as volunteer workers and domestic employees.
The definition of injury is comprehensive and covers injuries or ailments caused or aggravated by work activities, repetitive traumas as well as occupational disease. An occupational disease occurs when an employee suffers illness from exposure to harmful substances. An example of repetitive trauma is someone who suffers a shoulder problem from regularly lifting boxes overhead, even when there was not one specific event. An example of an aggravation is a pre-existing back problem that gets worse from bending at work.
Anyone who has a work injury should Immediately notify the employer, explaining how and when the injury occurred and what part of the body was hurt. In general, employees must give notice within 120 days, however it is always better to give notice right away. By doing so, the claim is easier to investigate and is more likely to be accepted.
In general, you cannot sue your employer outside of the workers’ compensation system. This means that you will not be able to recover any money for pain and suffering, loss of consortium or loss of life’s enjoyment. If, however, your work injury is caused by the negligence of a person or entity not associated with the employer, you might be able to bring an action against that person, or third partyand receive added recovery.
It is illegal for an employer to terminate an employee for filing a workers’ compensation claim. However, sometimes an employer will find another reason to fire someone who files a claim. The workers’ compensation judge will decide if the employee has lost his job because of the injury or because of another reason. Other remedies may also be available for an employee in this situation.This is a brief summary of the Pennsylvania Workers’ Compensation Act which is approximately 200 pages. If you have an injury at work, it is especially important to get legal advice right away. Employers and insurance companies have attorneys on their side and often deny claims they should accept or end claims that should remain open. It is important to be protect yourself and Know Your Rights!