Need Help With Workers' Compensation in Pennsylvania?
Workers' compensation in Pennsylvania was established to make sure injured workers receive replacement wages and medical coverage. If you've been hurt at work, start by reporting your injury to your employer. You have 120 days to tell them you were injured at work. From there, they'll forward your claim to the insurance company.
But sometimes, it's not always such a simple process. The insurance company can deny your claim, or your employer could threaten to stop or modify your workers' compensation benefits. Some people injured on the job may prefer a lump-sum settlement over weekly comp checks.
No matter what workers' comp issue you're dealing with, our experienced Pittsburgh workers' compensation lawyers can help. Edgar Snyder & Associates has been named among of the Best Law Firms in America, and our attorneys are Pennsylvania Super Lawyers and members of The Million Dollar and Multi-Million Dollar Advocates Forum. We've helped thousands of people injured on the job get the work comp benefits they deserve and we can help you, too. We're Your Workers' Compensation Lawyers.
Some law firms advertise what may sound like a discounted rate of 25 percent, but it’s important to understand that Pennsylvania caps workers’ comp attorney fees at 20 percent. Make sure you contact a lawyer that will treat you fairly and will thoroughly explain how workers’ compensation fees work in Pennsylvania. Remember, we offer a free legal consultation.
Workers' Compensation or Personal Injury Claim?
Workers' compensation in Pennsylvania was established to make sure injured workers receive replacement wages and medical coverage. If you've been hurt at work, start by reporting your injury to your employer. You have 120 days to tell them you were injured at work. From there, they'll forward your claim to the insurance company.
But sometimes, it's not always such a simple process. The insurance company can deny your claim, or your employer could threaten to stop or modify your workers' compensation benefits. Some people injured on the job may prefer a lump-sum settlement over weekly comp checks.
No matter what workers' comp issue you're dealing with, our experienced Pittsburgh workers' compensation lawyers can help. Edgar Snyder & Associates has been named among of the Best Law Firms in America, and our attorneys are Pennsylvania Super Lawyers and members of The Million Dollar and Multi-Million Dollar Advocates Forum. We've helped thousands of people injured on the job get the work comp benefits they deserve and we can help you, too. We're Your Workers' Compensation Lawyers.
Some law firms advertise what may sound like a discounted rate of 25 percent, but it’s important to understand that Pennsylvania caps workers’ comp attorney fees at 20 percent. Make sure you contact a lawyer that will treat you fairly and will thoroughly explain how workers’ compensation fees work in Pennsylvania. Remember, we offer a free legal consultation.
Denied Workers' Compensation?
Did the insurance company deny your workers' compensation claim? We'll help you appeal the decision so you can recover the money you need for your lost wages and medical expenses
My Workers' Comp Claim Was Denied. Now What?
We understand the panic and worry that comes along with a notice that your workers' compensation claim has been denied. You may be scared that it's too soon to return to work, that you could be fired, or even reinjure yourself. More than anything, you may be stressed out about how you will make ends meet and pay for badly needed medical care.
We understand—and our caring attorneys can help you.
For more than 35 years, our top-rated Pittsburgh workers' comp lawyers have handled cases for thousands of people injured on the job. Our legal team includes Pennsylvania Super Lawyers who understand what steps need to be taken immediately following a denial, and who know what it takes to get you the benefits you deserve.
If you've been notified that your work comp claim has been denied, it's important to understand that time is not on your side. Please, do not attempt to handle an appeal on your own.
The most important thing you can do after you get the notice is educate yourself about the process and contact Edgar Snyder & Associates at 412-376-4541. We're available 24/7 to answer your questions, or you can fill out our free case review form, or start a live chat now for a free legal evaluation.
Losing Workers' Comp Benefits?
Did you receive a letter to modify, suspend, or terminate your workers' compensation payments? You have options, but you must act quickly because of strict legal deadlines. Please, do not attempt to challenge a notice to modify, suspend, or terminate without first contacting our experienced Pittsburgh worker's compensation attorneys.
While the "employee challenge" portion of the notice appears to be a simple form for a routine administrative step, it's not. When you fill out and return that form, you are essentially filing a lawsuit that will require you to attend several court hearings, obtain piles of medical records, and conduct depositions from your treating physicians.
The process generally takes a year or longer, will cost you thousands of dollars, and pit you against high-powered insurance company attorneys.
Don't get out-lawyered! Edgar Snyder & Associates' has the highest possible rating from Martindale-Hubbell, an authority on the legal industry. Our Pittsburgh workers' comp attorneys are at the top of their field. We have intimate knowledge of the workers' compensation appeals process. It's likely we have successfully handled a case that is very similar to yours.
We know all the tricks the insurance companies play to attempt to minimize your injuries and deny your workers' comp appeal. Call us today so we can fight for the workers' compensation benefits you need. When you hire us, we pay all the upfront costs, handle all the details of your appeal, and keep you informed every step of the way. Our Pittsburgh work comp attorneys want you to be able to concentrate on what's most important: Getting—and feeling—better.
How Long Does Workers' Compensation Last?
The length of time an employee injured on the job can expect to be on workers' compensation is dependent on several factors including the severity of the injury and the rate of recovery. For some people, it's possible to be on workers' compensation for the rest of their lives as long as the treating doctors agree that you remain disabled and unable to work.
However, that is rarely the case. That's because after two months of collecting workers' compensation benefits, your employer can require you to undergo what's known as an Independent Medical Exam (IME). During an IME, you will be examined by a company doctor, who will determine if you are well enough to return to work full-time, or at reduced capacity. If so, your employer could file a petition to stop or modify your benefits, or offer you a light-duty job.
If you've been notified by your employer that you will need to undergo an IME, it's important to contact our skilled Pittsburgh workers' comp lawyers to protect your legal rights and prevent your employer from taking away your benefits.
Edgar Snyder & Associates understands that returning to your job when you know you are still too injured to work can cause a tremendous amount of anxiety. Please, don't panic. Whether you've been summoned to an IME, or your benefits have been prematurely suspended or modified, our Pittsburgh workers' compensation attorneys are standing by to help you.
If you believe that your benefits have been unjustly terminated, call us today at 412-376-4541 for a free legal evaluation, fill out the free case review form, or start a live chat now.
Interested in a Lump Sum Settlement?
Looking for a lump-sum settlement so you can get off work comp and get on with your life? Don't go it alone—let us fight to get you the best settlement possible. When you accept a settlement, it's imperative to understand that it's the last payment you'll ever receive for your injury. You need to plan for unexpected, future expenses so you aren't left holding the bag for those bills.
Will I Get a Settlement from Workers' Comp?
If you were hurt on the job and have collected work comp benefits for four months or longer, you could be eligible for a lump-sum settlement under Pennsylvania law. Settlements are one-time payments that replace your weekly workers' compensation check, your medical benefits, or both.
We cannot stress it enough: Do not attempt to negotiate a workers' compensation settlement on your own. The terms of your settlement can help you or hurt you—and the insurance companies will use what you don't know and understand against you.
While pursuing a lump sum of money is the best route for some injured workers, a settlement isn't as advantageous for many others. A workers' comp settlement may not be the best option for you if:
- your injury is expected to get worse or will cause a secondary condition such as arthritis
- your injury will prevent you from working in your current job or field for years to come, or if
- you're expected to need significant medical treatment and/or surgeries in the future
Understanding lump-sum benefits—and whether accepting one is right for you—is best accomplished with the help of one of our experienced attorney. Let our Pittsburgh workers' compensation lawyers fight to get money for you. Call us at 412-376-4541, fill out the case evaluation form, or start a live chat today.
I Got Hurt at Work. Will I Get a Settlement?
Whether or not you will receive a settlement for you workplace injury is dependent on many factors, including:
- The industry in which you work. Some jobs are more dangerous than others, and unfortunately cause more catastrophic injuries.
- How the accident occurred. Was your accident caused by faulty machinery on a job site? The negligence of a third party? The details of how your accident happened will affect whether or not you receive a settlement.
- The severity of your accident. The extent of your injuries, as well as your current and future medical needs, impact the settlement amount.
Recently Hurt at Work?
Pennsylvania's workers' compensation system can be complicated and frustrating. The more you know about the process, the better you'll be able to understand what steps to take if your claim is in trouble. We'll get you the information you need for your workers' compensation claim. We'll also help you understand the process and what our attorneys can do on your behalf if the insurance company won't cooperate.
Contacting our Pittsburgh workers' compensation lawyers is easy: Just call 412-376-4541 or fill out the free case review form. If you decide to hire us, there's no fee unless and until we win your case.
An Update From Our Firm Regarding COVID-19 – Our Unyielding Commitment to Client Service
HAVE YOU BEEN DENIED WORKERS COMPENSATION BENEFITS?
If you have been told that your injuries are not severe enough or a doctor has refused to approve your workers compensation, where are you going to turn? If you know that you are too hurt to return to work, but you have been denied workers compensation, call Dallas today in Pittsburgh at (412) 262-2888 or toll-free (800) 777-4081 or email us for a free case evaluation. Our Pennsylvania and Ohio workers compensation attorneys have helped many injured workers receive workers compensation benefits and settlements after they were initially denied.
Our Pennsylvania Workman Compensation Attorneys and Ohio Workers Comp Lawyers can help you get the benefits you are entitled under Pennsylvania and Ohio worker’s compensation law, help you understand the workers comp process in either PA or OH, review prior action taken by the workers compensation insurance company and the insurance company doctors, gather evidence including reports and medical records, and represent you at your workers compensation hearings.
At our law office we have seen almost every type of work related injury from broken bones to carpal tunnel syndrome in varying industries, from construction to industrial to heath care workers comp. No matter the type of injury, we will try our best to help you receive the maximum benefits allowed by law. You do not have to have been involved in a work accident to file a valid workers compensation claim. Problems such as back problems, cartilage damage, hearing loss, carpal tunnel syndrome, and traumatic arthritis arising from the repetitive activities of many occupations can be debilitating.
PA WORKERS COMP ATTORNEY
Many accidents happen while at work. In Pennsylvania and Ohio alone, thousands are hurt every year while they are at work. Every business in OH and PA is required to carry Worker’s Compensation insurance in case of an accident. Workers Compensation is designed to recover an employee’s economic loss during their period of recovery.
The term “workers’ compensation” refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own workers’ compensation laws, which are contained in statutes, and vary somewhat from state to state. In addition, there are special, federal workers’ compensation laws for employees of the federal government and other, specific types of industries.
Under the law in Pennsylvania and Ohio, every business must have some form of workers’ compensation insurance to cover injured employees. Filing a workers’ compensation claim is similar to filing an insurance claim; it isn’t a lawsuit against an employer, but rather a request for benefits. If you have been injured at work, attorneys experienced in workmans comp law can explain the complexities of workers’ compensation and help you secure the maximum benefits to which you are entitled.
Dallas and his associates have handled thousands of cases throughout Pennsylvania and Ohio and have experience with the Workers Compensation Laws and Personal Injury Laws in both states.
PENNSYLVANIA WORK INJURY STATISTICS
The federal Bureau of Labor Statistics (BLS) keeps tracks of workplace injuries and deaths throughout the country. It collects data to track the most dangerous industries, the most common types of accidents, and safety violations inspectors find during investigations. According to the Bureau’s most recent data for Pennsylvania, there were 173 worker deaths in 2015. This was a slight decrease from 179 deaths in 2014. Worker fatalities in Pennsylvania have ranged from a high of 354 workers in 1994 to a low of 168 workers in 2009.
Transportation incidents were the leading cause of occupational fatalities in Pennsylvania in 2015, with 70 related deaths. Slips, trips, and falls were the second-leading cause, with 36 deaths. Together, these two causes accounted for 61% of all Pennsylvania workplace fatalities. The third-most frequent fatal incident was contact with objects or equipment, with 25 deaths, followed by violence by persons or animals with 22 deaths. Transportation accidents were the number one factor in worker deaths around the nation in 2015, accounting for 42% of all workplace deaths.
Pennsylvania had a higher percentage of falls, slips, and trips than the national average in 2015, but lower percentages of transportation incidents and violence. The Commonwealth tied the national averages for contact with objects/equipment and all other workplace incidents. The most dangerous occupations for PA workers are those in the transportation and material moving industry, followed by the construction industry. The private construction industry sector had the largest number of fatalities in the state.
INJURIES BY EVENT IN PA
A breakdown of each event or exposure that caused fatal occupational injuries in Pennsylvania by industry can help the state understand which occupations pose the greatest threats to workers, and how best to prevent accidents in the future. The BLS keeps track of events and exposures by industry with the most recent data coming from 2014-2015. By percentage, these are the most common events or exposures that resulted in worker death both years:
- Transportation incidents – 40%
- Fall, slip, or trip – 21% 3
- Contact with objects and equipment – 14%
- Violence and other injuries by persons or animals – 13%
- Exposure to harmful substances or environments – 9%
Specific events that caused the most deaths included homicides, pedestrian accidents, falls to lower levels, and objects or equipment striking workers. According to the data, male workers accounted for 92% of all worker fatalities in Pennsylvania in 2015. The national percentage of killed male workers was 93% the same year. White, non-Hispanic workers accounted for 80% of deceased workers. The age group with the most deaths was 25 to 54 year olds, with 60% of the state’s employee fatalities.
FREQUENTLY ASKED QUESTIONS ABOUT WORKERS COMP IN PENNSYLVANIA
When you have a developed a work-related illness or condition, or when you have suffered an on-the-job injury, you will likely have many questions concerning the next steps you need to take. At the Pennsylvania Dallas W. Hartman, P.C., our lawyers can help provide you with the answers. The following are some workers’ compensation FAQs. It is important to remember that everyone’s situation is unique and there is nothing that can serve as a substitute for personalized legal advice.
What are the Most Common Types of Work Injuries?
The most common kinds of workplace injuries differ according to the industry. In construction, for example, fall-related injuries such as head/brain injuries and spinal cord damage are the most common. In the oil and gas industry, fractures, burns, and chemical burns are the most common. Workers in Pennsylvania can sustain any type of injury while on the job, but the most frequent will depend on the industry. In general, workers face risks of injuries such as:
- Broken bones
- Sprains
- Strains from overexertion
- Back, neck, or spine injuries
- Head and brain injuries
- Repetitive motion injuries
- Illness from exposure to substances
An occupational injury can change a worker’s life forever. Injuries may cause immense pain and force the employee to take time off of work to recover. Medical bills can be in the thousands or even hundreds of thousands if injuries are catastrophic. Some will always live with the effects of a workplace injury, suffering from chronic pain, disabilities, amputations, or disfigurement. Others die from their injuries, leaving behind spouses, children, and family members. Workers’ compensation aims to reimburse injured workers for their losses.
How Long Can I File a Workers’ Comp Claim in Pennsylvania?
If you believe you have a workers’ compensation claim in Pennsylvania, your first step is to report the incident to your employer. Explain what happened and describe any injuries. Request medical care immediately. You have 120 days from the date of the injury to notify your employer or supervisor, but we recommend that you do not wait. If you want to file a claim with your employer’s workers’ compensation insurance company, you only have a limited time to do so before the statute of limitations runs out.
In Pennsylvania, the statute of limitations for filing a workers’ comp claim is three years from the date of injury. If the commission denies your initial claim, you must file a Claim Petition within three years of the date of injury. There are specific deadlines that may also apply to your claim. For example, you will have to wait at least 90 days before seeing a physician of your choice. Within the 90 days, you must visit a physician on the list of approved providers your employer has. Work with an attorney to learn about the deadlines and potential exceptions for your particular case.
What is the Pennsylvania Workers’ Compensation Act?
Pennsylvania’s workers’ compensation laws come from the 1915 Pennsylvania Workmen’s Compensation Act. This act gave workers the right to request compensation after injuries that occur as a result of employment, regardless of fault. The statute defines the rights of workers to file claims, as well as what benefits they may receive. Here are some of the most important provisions:
- Mandatory coverage. Most employers must carry and maintain workers’ compensation insurance coverage. Some are exempt, such as employees covered under other workers’ compensation acts, including federal employees. Failure to have workers’ comp insurance can result in penalties, criminal prosecution, and lawsuits from employees.
- Qualifying injuries. Virtually any injury, illness, or condition that relates to the workers’ employment may qualify for coverage under the Act. The Act does not list specific injuries that qualify. Physical injuries, occupational diseases, and preexisting conditions that work activities aggravate may all be eligible for coverage.
- Filing process. Your employer can file a claim on your behalf after your report your accident. Otherwise, you may download the forms on your own, fill them out, and submit them online through the Pennsylvania Workers’ Compensation Automation and Integration System.
- Benefits you may receive. The system will provide coverage for all accident-related medical expenses, as well as two-thirds of your average weekly wage. There is a maximum benefit rate you cannot go over, regardless of your weekly wage. You may receive temporary or permanent benefits for disabilities as well.
- Timeline for benefits. Your employer’s workers’ compensation company has 21 days to approve or deny your claim after they receive notice of your injury. If it approves your claim, expect your first compensation check within 14 days of notifying your employer of the injury. You will receive checks every two weeks for the duration of your payments.
The more you know about the Act, the better you will be able to protect your rights after an injurious work-related accidents. For any questions, concerns, or personalized help with workers’ comp claim in Pennsylvania, retain an attorney.
Do I Qualify for Workers’ Comp?
In Pennsylvania, as a general rule, workers’ compensation covers all injuries and illnesses caused by a work related accident or condition. Aggravations of pre-existing work related injuries or illnesses are also covered by workers’ compensation. There are a few exceptions. Often, employers and insurance companies will deny workers’ compensation benefits by claiming that you did not sustain a work related injury or illness. Just because your claim has been denied, however, does not mean it’s not valid. Our attorneys can review your situation and let you know what options you have moving forward.
What if I Can’t Return to My Job?
In Pennsylvania, if you are not able to return to work as a result of a work related injury or illness you may be entitled to wage loss benefits under the Workers’ Compensation Act. Wage loss benefits are equal to approximately 2/3 of your average weekly wage, subject to a minimum and maximum compensation rate. The minimum compensation rate is equal to the lower of the 90% of the workers’ average weekly wage or 50% of the statewide average weekly wage. The maximum weekly wage compensation rate for the year 2015 is $951.06. We can review your case to ensure you get the compensation you are entitled to.
How Much Compensation am I Eligible For?
Because everyone’s situation is unique, it is impossible to say exactly how much compensation you are in position to recover. A wide range of factors need to be taken into account, including the severity and type of injury, and whether you are considered partially or permanently disabled. We understand how to strengthen your claim and position you for the best possible results under workers’ compensation laws. We can even work to achieve lump sum settlements instead of weekly or monthly allotments.
Can I Sue my Employer?
In Pennsylvania, the general rule is no. The Workers’ Compensation Act provides the sole and exclusive remedy for work related injuries and illnesses. While there are a very few limited exceptions to this rule, these exceptions seldom apply. It is important to know, however, that an injured workers can sue someone other than his or her employer (a third party) for his or her work injuries. For example, a worker injured in a motor vehicle accident while in the course of his or her employment may sue the driver of another vehicle who caused the accident. Likewise, a worker injured by a defective machine at work may sue the manufacturer of the machine. If you believe a party other than your employer (or co-employee) caused or contributed to the work injury or illness, our attorneys will review your case to see if you have a potential third party claim.
What Do I Need to Do to Start the Workers’ Comp Claims Process?
The answer is simple. In Pennsylvania, prompt reporting of a work related injury or illness is key. Report any injury or illness to your employer or supervisor immediately, even if you think it is minor or will resolve without medical treatment. You have 120 days under the Workers’ Compensation Act to notify your employer or supervisor that you suffered a work related injury or illness. After reporting your work related injury or illness to your employer, seek qualified legal advice from our attorneys.
Are My Workers Compensation Benefits in Danger of Coming to an End?
Have you received a letter threatening to lower or eliminate your workers compensation although you are unable to return to work? Are you being forced to take another position with limited duties, even though you do not feel comfortable in that position? If this applies to you or a loved one, it is important that you contact an experienced workers compensation lawyer today. An experienced attorney, like Dallas Hartman, may help you extend your workers compensation benefits or receive a lump sum if you have been receiving workers compensation benefits for a long enough period of time.
PITTSBURGH WORKERS COMPENSATION LAWYER – FREE CONSULTATIONS!
If you or a loved one has been hurt at work or at a job-site, you may be entitled to workers compensation benefits in either Pennsylvania or Ohio. Contact Dallas today to schedule a free initial consultation. Call in Pittsburgh at (412) 262-2888 or toll-free 1-800-777-4081 to speak to an attorney immediately to find out whether you have a case. If there is no recovery, there will be no fee.
Contact Our Pennsylvania Law Firm for Help with Your Workers’ Compensation Claim in Erie, PA
For more information, contact the experienced and knowledgeable workers’ compensation lawyers at Purchase, George & Murphey, P.C. in Erie, PA. Call or use our online contact form. Let us answer your questions about workers’ compensation in Pennsylvania and help you get the workers’ comp benefits you need after an on-the-job injury.
Frequently Asked Questions About Workers’ Compensation Claims in Erie, PA
When you get injured at work, recovering the compensation you deserve is complicated by the Pennsylvania workers’ compensation system. The point of workers’ compensation is to make the process of getting compensation more certain for injured workers. In reality, many workers find the system confusing even at the initial filing stage.
At Purchase, George & Murphey, P.C., our injury lawyers have been helping injured workers get fair compensation for over two decades. We can help you understand your eligibility for benefits and whether you might be entitled to additional compensation beyond what workers’ compensation provides. Here are some answers to some of the most frequently asked questions about workers’ compensation in Erie, PA.
FAQ: When is workers’ compensation available under Pennsylvania law?
Workers’ compensation is available for all types of injuries and illnesses sustained while you are on the job. This includes injuries caused by actions such as falling from a ladder, being crushed by machinery or even being involved in a car accident while on the job. Injuries and illnesses that you sustain over time are also covered—such as repetitive stress injuries or respiratory illnesses caused by conditions at work. Even if you have aggravated an injury that you already had at work, you might be eligible to receive workers’ compensation.
FAQ: Are there any on-the-job injuries that do not give me workers’ compensation eligibility?
Yes, certain rare injuries are not covered. If the injury is self-inflicted or if you were under the influence of drugs or alcohol when injured, workers’ compensation will not provide compensation. In some cases, if you were physically attacked for personal reasons or the injury was the result of an illegal act, workers’ compensation does not apply. If you were not yet at work—meaning if you were injured while commuting to or from work—you will have to go outside of the workers’ compensation system to get compensation.
FAQ: What if the accident that caused my injury at work was my fault?
You can still receive workers’ compensation benefits if the accident was your fault, as long as the injury was not self-inflicted.
FAQ: What types of compensation does workers’ compensation pay me?
Workers’ compensation in Pennsylvania may provide:
– Medical benefits
– Lost wages, in the form of either permanent or partial disability benefits,
– Benefits relating to a specific loss of a body part,
– Benefits for scarring,
– Hearing loss benefits,
– Death benefits.
FAQ: Are there any waiting periods for workers’ compensation?
You become eligible for workers’ compensation benefits after a doctor has placed you on medical leave for at least 7 days. However, if you are unable to work and receiving treatment for at least 14 days, you will receive payment retroactively for the first 7 days of missed work.
FAQ: How long do I have to file a claim for workers’ compensation in Pennsylvania?
While you should let your employer know that you were injured immediately, you technically have 120 days to notify your employer (otherwise, your claim can be denied). If your claim is denied, you have three years from the date you were injured to file a formal claim petition to challenge the denial.
FAQ: When will I receive my workers’ compensation benefits?
Benefits are paid periodically, by the week, but you should receive the initial check about 21 days after first notifying your employer about your injury.
FAQ: There are so many forms associated with my claim. Are there any that I should not sign?
Many workers’ compensation forms look alike. Because of this, it is very important that you read any document before signing it to make sure you do not limit your rights. Forms titled “Authorization for Medical Records” and “Employee Verification Form” should be signed. However, forms with language such as “Final Receipt” or “Supplemental Agreement” may contain language that can limit your right to benefits. You should first have an experienced workers’ compensation lawyer review these documents and explain them before signing.
FAQ: What should I do if my workers’ compensation claim was denied?
There are a variety of reasons why a workers’ compensation claim may be denied—some as simple as failure to properly complete the required paperwork. You should contact our lawyers so that we can investigate to determine why your claim was denied. Employers and the workers’ compensation board might challenge benefit eligibility on the basis that you may not have been injured at work, for example. We can help you determine how to proceed.
FAQ: I’m already receiving workers’ compensation benefits and am unable to work, but learned that my benefits are about to be terminated. Is there anything I can do?
Our lawyers can help protect your rights. Once you have learned that your benefits will be terminated, we can schedule a hearing to advocate for your right to continued benefits.
FAQ: Do I have to submit to an independent medical exam?
The workers’ compensation carrier is entitled to require that you submit to an independent medical exam (IME) every six months. The carrier can choose the doctor, as well as the date and time, of the IME and must also pay for the exam.
FAQ: Are there any situations where I can sue for additional compensation if I was injured at work?
Pennsylvania workers’ compensation does not allow you to sue your employer for on-the-job injuries. However, if someone other than your employer caused your injury, you might be able to file a third-party claim. A third-party claim is a lawsuit against a third party—such as a property owner, manufacturer of a defective product—for compensation above and beyond what workers’ compensation covers.
FAQ: Can my employer fire me if I file a claim for workers’ compensation?
No. However, if your employer fires you after you are injured on the job, the employer will likely say that you have been fired for another reason. You should contact an experienced workers’ compensation lawyer immediately if you have been fired after a workplace injury.
FAQ: Do all employers in Pennsylvania have to offer workers’ compensation coverage?
FAQ: Where can I find out more information on workers’ compensation claims?
Please check out our Workers’ Compensation FAQ page for more information.
Q: How does PA workers’ compensation define a work injury?
A: A “work injury” is any injury, medical condition, or disease that is caused by a person’s job. The law does not name specific injuries, and the only requirement is that the condition, illness, or injury be related to the employee’s job. It can also include pre-existing conditions that are aggravated by the employee’s job.
Q: Must I notify my employer if I am injured?
A: Yes. You must report an injury even if it seems minor and you do not intend to seek medical treatment. Even an injury that seems minor at the time of an accident can become worse later on, and you and your employer will need that paper trail should you seek compensation later. Additionally, you only have 120 days to notify your employer. After that reporting period has ended, your PA workers’ compensation claim may be denied because you failed to provide notification.
Q: My employer’s workers’ comp insurance company has offered me a settlement. Do I have to take it?
A: No. You should not sign any documents or accept any settlement offer until a workers’ compensation lawyer has reviewed it.
Q: Is there a time limit for filing a PA workers’ compensation claim?
A: After a work injury in PA, you have limited time to file a workers’ compensation claim. Under Pennsylvania law, you must file a workers’ comp claim within three years of the date you were injured. However, if you have certain occupational illnesses, such as mesothelioma, black lung disease, and other conditions that take years to develop, you have up to 300 weeks from the date you last worked in the job where you developed the illness.
Q: Does Pennsylvania workers’ compensation cover me?
A: Almost all Pennsylvania businesses are required to carry workers’ comp insurance for full-time, part-time, and casual employees.
Q: Am I covered under workers’ compensation?
A: Almost every Pennsylvania employee is covered under the Workers’ Compensation Act. This includes all full-time, part-time, and seasonal workers. Exceptions include workers in certain industries, such as railroad workers and maritime workers, who may be covered by other insurance. Independent contractors and volunteers are usually not covered, but there may be other ways to obtain compensation if you are injured. A workers’ compensation lawyer can advise you about your options.
Q: Can I use my own doctor for a work injury or illness?
A: For the first 90 days after you seek medical treatment, you must choose from your employer’s list of doctors. However, if your employer does not give you a list, you may be able to choose any physician you wish. Even if you choose a doctor from the employer’s list, you can potentially select another from the list if the first choice does not work for you. After the 90 days are up, you can choose any doctor you wish, with or without an employer list of recommended providers.
Q: How much workers’ compensation will I receive?
A: It depends. How much workers’ compensation you receive depends on the nature and extent of your disability, whether you can work at all, and whether you are eligible for special payments for conditions such as amputation or disfigurement. You may be eligible to receive up to two-thirds of your former salary if you are very disabled, as well as the difference between your part-time or light-duty wage and your previous wage if you are partly disabled. There is a cap on the total amount of workers’ compensation you can receive. The cap usually changes annually in Pennsylvania. High-salary workers may not receive two-thirds of their old income if that number is higher than the limit.
Q: When will I start receiving workers’ comp payments?
A: If your workers’ comp claim is approved, you should begin receiving benefits approximately 21 days after you reported your injury to your employer. Additionally, if your claim is denied, the employer must notify you of this determination within 21 days.
Q: What if my workers’ compensation claim is denied?
A: Many initial workers’ comp claims in Pennsylvania are denied. You have three years from the date of the injury to file an appeal with the PA Bureau of Workers’ Compensation.
Q. Who pays my doctor and hospital bills if I suffer injury on the job and my claim is approved?
A: Your employer’ workers compensation insurance company pays your medical bills. Workers do not have to make a co-pay or any other payment, and the bills go directly to the insurance company, which pays the provider based on a schedule of fees.
Q. For how long will I receive workers’ comp benefits?
A: There are benefit periods that vary according to a worker’s situation. For example, partial disability benefits end after 500 weeks. Payments for specific losses, such as the loss of an arm or finger, last only for a specific time, depending on the nature of the injury. You can also lose your workers’ comp benefits if you fail to comply with employer requests, such as a request that your ability to work be reviewed by a physician, or that you attend a review hearing. If you are concerned that you may lose your workers’ comp benefits, it is important to speak with an experienced PA workers’ compensation attorney.
You may be eligible for compensation if you are temporarily unable to work, hospitalized, or become permanently disabled due to work-related injuries.
Workers’ compensation provides money and medical benefits to an employee who suffers an on-the-job accident, injury, or occupational disease. Workers’ compensation laws are designed to protect workers and their dependents against the burden of a serious injury in the workplace. Workers’ compensation can include payments in lieu of wages, compensation for economic loss (past and future), reimbursement or payment of medical and like expenses and benefits payable to the dependents of workers killed during employment.
You should be familiar with Pennsylvania workers’ compensation laws and your job’s work-related injuries procedure. The workers’ compensation lawyers at The Travis Law Firm’s Erie, Edinboro, and Warren law offices can help you make sure the proper steps are followed and that your legal rights are upheld. Covered medical care generally includes:
- Medical, surgical and hospital services
- Dental services
- Chiropractic treatment
- Physical therapy
- Nursing care
- Prescribed medications
- Crutches, hearing aids, etc.
Workers’ Compensation Laws
Workers’ compensation laws were enacted to eliminate the need for injured workers to prove their injuries were the employer’s fault and to make the litigation process less costly for both sides. Maryland (1902) was the first state to enact workers’ compensation laws. By 1949, all states had created some kind of compensation for work-related injuries.
In the United States, most employees who suffer work-related injuries have a right to medical care. In many cases, monetary payments compensate for any injuries resulting in temporary or permanent disabilities. Laws require most employers to carry workers’ compensation insurance. Heavy financial penalties may be imposed on employers who do not carry insurance. Nearly every Pennsylvania worker is covered by the Pennsylvania Workers’ Compensation Act. Employers must provide workers’ compensation coverage for all of their employees, including seasonal and part-time workers. Non-profit corporations, unincorporated businesses, and even employers with only one employee, must comply with the Act’s requirements.
Additional compensation laws are available for: federal civilian employees, railroad workers, longshoremen, shipyard, and harbor workers. Some others who may not be covered are volunteer workers, agricultural laborers, casual employees, domestics and employees who have been granted a personal religious exemption from the Act.
What is Covered by Workers’ Compensation?
You may be entitled to workers’ compensation if you have suffered work-related injuries, illness, or disease. Compensation is not paid if the injury is intentional or caused by an employee’s violation of the law (including the use of illegal drugs). Work-related injuries or deaths caused by intoxication may not be covered by workers’ compensation. Contact our lawyers at our Erie, Edinboro, and Warren Pennsylvania offices and arrange a consultation with our workers’ compensation attorneys.
The Workers’ Compensation Process Steps
- Notify your employer of your injury – If not reported within 120 days of injury or having knowledge of a work-related disease, no compensation is allowed.
- The employers are required to immediately report employee injuries to their insurer or to the person responsible for managing the workers’ compensation program.
- a) Within 21 days from the date the employer receives notification of injury, the employer/carrier accepts liability for the injury – a Notice of Compensation Payable or a Notice of Temporary Compensation Payable.
- or –
b)Within 21 days from the date the employer received notification of injury, the employer/carrier denies liability and issues a Notice of Workers’ Compensation Denial to the employee. - (if 3b) The employee has three years to file a Claim Petition.
- Workers’ compensation petitions are normally assigned to a Workers’ Compensation Judge.
- All parties involved are notified of the date, time, and place of the Workers’ Compensation Hearing. The judge will hear evidence from both the claimant and employer.
- A decision is rendered.After the judge circulates the decision, an appeals process may begin (Workers’ Compensation Appeal Board, Commonwealth Court, Pennsylvania Supreme Court).
Do I Need a Lawyer?
The workers’ compensation lawyers at the Erie, Edinboro, and Warren offices of The Travis Law Firm can help if you have been denied compensation, are in danger of having your workers’ compensation benefits taken away, or are still hurt and your employer is demanding that you return to work. We have the knowledge and the experience to maximize your chances of getting just restitution.
Things to Consider When Deciding Whether or Not You Need an Attorney:
- The legalities of the Pennsylvania Workers’ Compensation and Social Security disability systems are very complex. Our attorneys are qualified and experienced. We can help level the playing field as you seek maximum compensation for your work-related injuries or disabilities.
- Statistics consistently show that settlements are higher when you have an attorney working for you.
- You cannot trust your employer or insurance company to look out for your best interests. Their goal is to provide the absolute minimum benefits possible on each claim. Your employer and insurance company already have lawyers working for them, and they know far more about the Pennsylvania Workers’ Compensation System than you do.
We Will:
- Gather evidence, interview witnesses, and research your case
- Make sure that all papers are properly filed with the court or agency
- Keep you informed of the status of your case
- Ensure that you receive all the benefits to which you are entitled.
Contact Our Workers' Compensation Lawyers
If you have suffered a work-related injury or disease, contact the Travis Law Firm today. We can help if you have been denied compensation, are in danger of having your workers’ compensation benefits taken away, or are still hurt and your employer is demanding that you return to work. Our trustworthy legal team represents victims of work-related injuries and our workers’ compensation lawyers will fight for maximum compensation.
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