Although employers are required to provide a reasonably safe workplace, many people are injured on the job every year. Workers’ compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries. Each state has its own laws for workers’ compensation. The workers’ compensation laws of Pennsylvania entitle workers who are injured on the job to receive medical care and lost wages.
Please contact us at 1-800-318-LAW1 or through our online form for a free assessment of your case.
A workplace injury does not have to be caused by an accident to be covered by workers’ compensation. Many workers receive payment for injuries that are caused by overuse such as repetitive stress injuries. Workers may also be compensated for some illnesses that are the gradual result of work conditions.
To receive workers’ compensation benefits, you must inform your employer:
- that you were injured while working;
- the exact date of the injury; and
- the location of injury.
If possible, you should report the injury in writing and keep a copy of the report for your records. Your employer must offer you a claim form immediately upon learning of your injury. Once you complete your claim form and return it to your employer, it becomes the employer's responsibility to notify its workers’ compensation insurance company and arrange medical assistance for you. If you are seeking to claim workers’ compensation benefits, you should do so quickly. Any delay on your part can lead to a denial of benefits.
Workers’ compensation covers most, but not all, workplace injuries. Generally, injuries that happen because a worker is under the influence of alcohol or drugs may not be covered by workers’ compensation. Coverage may also be denied in situations involving:
- self-inflicted injuries (including those caused by a person who starts a fight),
- injuries suffered while a worker was committing a serious crime,
- injuries incurred while an employee was not on the job, and
- injuries suffered when a worker's conduct violated company policy.
Workers’ compensation begins covering an employee on the first day of work and continues throughout the employment period. When a worker is injured, the claim is filed with the employer’s insurance company or with the employer if it is self-insured. Medical and disability benefits are paid according to a state-approved formula. Wage loss benefits for total disability are equal to approximately two-thirds of the injured worker’s average weekly wage up to a weekly maximum. Benefits for partial disability are paid at a lesser percentage. If you are permanently unable to return to work, you may qualify for Social Security Disability benefits. Injured workers are also entitled to reasonable and necessary medical expenses for treatments that are related to the work injury.
It is important to note that there are specific time limits for filing a claim. You must notify your employer of your injury/illness within 120 days of the injury/illness. If the claim is denied, you have three years from the date of the injury to file a claim petition for a hearing and a determination by a workers’ compensation judge. In job-related disease cases, the disability must occur within 300 weeks from the date of last employment in an occupation where you had exposure to a hazard. In such instances, a claim petition cannot be filed any later than three years from the date of the injury and disability.
Workers’ compensation laws have quite specific procedural requirements. If you have been injured at work or have been denied benefits, contacting a lawyer who knows workers’ compensation laws is the best way to ensure that your rights will be protected. The Family of Lawyers at Munley, Munley, & Cartwright, P.C., has represented clients in Pennsylvania workers’ compensation claims for more than 40 years. Contact us today at 1-800-318-LAW1 or complete our online form for a free assessment of your case.
