If you become ill or get injured on the job, do not panic. You may be entitled to benefits under your employer’s Workers’ Compensation policy, including payment of medical bills, lost wages, and additional benefits under certain circumstances.
Philadelphia Workers’ Compensation Lawyers
Suffering a workplace injury is a stressful and overwhelming experience, especially when a household’s income will suffer dramatically as a result. The workers’ comp lawyers at HGSK may be able to help you to get the workers’ compensation benefits you deserve. Virtually every employee in PA is covered by the Pennsylvania Workers’ Compensation Act, which guarantees workers’ compensation benefits to workers that suffer a workplace injury.
If you have been injured on the job, you may be eligible to receive workers’ compensation benefits. Each workers’ comp claim and workers’ compensation case is different, but a worker that suffered a workplace injury may have grounds to file multiple lawsuits. We can help guide you through the steps of your workers’ compensation claim while considering options you may have for a personal injury or premises liability lawsuit.
About Workers’ Compensation: What Is It & Are You Covered?
Workers’ Compensation is insurance that provides for monetary and medical benefits for workers who suffer an illness or injury in the course of their employment. Under Pennsylvania law, employers are obligated to carry Workers’ Compensation insurance (or be self-insured) and cover every employee.
The Pennsylvania Workers’ Compensation Act establishes a no-fault system. In other words, there is no requirement to show that the employer was at fault in any way. However, even if the employer was careless, negligent, or otherwise at fault for causing the injury, an injured employee may not sue the employer civilly. Similarly, even if the injured employee was careless and could have prevented the injury, benefits should not be denied, except under extreme circumstances such as intoxication or situations involving intentional harm.
In Pennsylvania, employers and their Workers’ Compensation insurance carriers are supposed to promptly investigate any injury after it is reported, and there are timelines within which the carriers are supposed to accept or deny a claim. Under the best case scenario, the Workers’ Compensation carrier will accept the claim and initiate payment of benefits (medical and/or wage loss) without the need for the injured worker to secure legal representation or ever go to court. However, if the carrier takes no action or denies the claim, the injured worker should seek legal advice as soon as possible in order to file a Workers’ Compensation claim within the appropriate legal deadlines.
What Injuries Are and Are Not Covered by Workers’ Compensation Insurance?
You may have many questions about what is and is not covered by a company’s Workers’ Compensation policy. Each state has its own Workers’ Compensation law, so the rules vary from state to state. Additionally, the federal government has its own system for federal employees who suffer work-related injuries.
The general rule in Pennsylvania is that an employee who suffers an injury or illness while in the course of employment, and as a result of that employment, should be entitled to Workers’ Compensation benefits. Work-related injuries do not necessarily have to occur on the employer’s premises; they can occur elsewhere, such as during an off-site conference or on a business trip.
Work-related injuries often involve a specific, concrete incident such as a trip and fall, lifting a box and feeling pain, or being struck by an object. Many times, Workers’ Compensation insurance carriers will describe these injuries as follows:
- Strains and sprains
- Contusions
- Fractures
- Burns
- Lacerations
However, the law also recognizes cumulative or repetitive trauma injuries – injuries that develop over time, typically as a result of repetitive work – such as carpal tunnel syndrome. Either way, it is important for an injured worker to have support from a medical professional, particularly if the claim will end up in litigation. It is also very important to have qualified legal representation to ensure that the employees’ rights are being protected, and especially to pursue a claim in court.
What is an Injured Employee Required to Do in Order to Receive Workers’ Compensation Benefits?
On occasion, the employee need not do anything other than report to the injury to the employer in order to begin receiving Workers’ Compensation benefits. In these situations, the Workers’ Compensation carrier will decide to accept the claim and voluntarily commence payment of benefits, medical and/or wage loss. Even still, it is wise for the employee to consult with an attorney to ensure that the carrier is paying the appropriate benefits.
On the other hand, if the Workers’ Compensation carrier does not voluntarily accept responsibility for a work-related injury, the employee can and should file a Claim Petition to seek benefits under the Act. The litigation process can be complicated and overwhelming, often involving complex legal issues and expert medical testimony, but our team of Workers’ Compensation attorneys have over 40 years’ worth of experience and are ready to assist and guide you, all with the help of our bilingual and diverse staff.
What Do I Need to do After an Accident at Work?
After an accident, you must seek the appropriate medical attention to ensure that your work-related injury is appropriately taken care of. Visiting doctors will let you know that you are taking your injury seriously. You will have documentation of the doctor’s visit if you end up running into issues with receiving your worker’s compensation. Next, you will need to notify your supervisor of the injury and the details about it. It’s important to point out that this must be done within 21 days of the injury to avoid losing workers’ compensation benefits.
After your supervisor is aware of the accident, you will need to fill out a workers’ compensation form and mail it to the nearest Workers’ Compensation Board. It would be best if you did this as soon as possible. If you are denied workers’ compensation despite being entitled to it, you will need to seek legal assistance.
Am I Covered Under Workers’ Compensation?
You are covered from the day that you are hired. Likewise, medical benefits are payable from the first day of the injury. You will not be covered if the work injury is self-inflicted or is caused by an employee’s violation of a law or guidelines. An injury caused by intoxication or drugs will also not be covered.
How Much Time Do I Have To Report My Work Injury?
In Pennsylvania, you have 21 days to report your accident to your supervisor. It is best to notify your employer in writing. However, if your work injury is an occupational disease, you have up to three years to report it.
How Much Time Do I Have To File A Workers’ Comp Claim?
In PA, you will have 120 days to file for workers’ compensation. If your request for workers’ compensation benefits is denied by your employer or his/her insurance company, you have up to three years from the injury date to file a claim petition. Our team of Philadelphia workers’ compensation lawyers may be able to help you through this process.
In the case of an occupational disease brought on by a hazardous situation at work, you will have 300 weeks from the date of last employment to file for workers’ compensation.
Can I Be Fired If I File A PA Workers’ Compensation Claim?
You can not get fired for filing a workers’ compensation claim in Pennsylvania. If you are fired for filing a workers’ compensation claim, you should seek legal assistance right away as that is unlawful.
Was Your Workers’ Comp Claim Denied?
If your workers’ compensation was denied, you will need the legal knowledge of an experienced workers’ compensation attorney. Whether your employer denied your workers’ compensation or your employer’s insurance company did, you will need to seek legal intervention. Workers’ compensation will not only help you financially while you are out of work, but it will also be able to help you pay medical bills. Without workers’ compensation, you may be impacted financially in a variety of different negative ways.
Are you located in Pennsylvania and have recently had your workers’ compensation claim denied? Contact HGSK today. Our talented attorneys will do all they can to help you get the workers’ compensation you may be entitled to.
What Is A Third Party Workers’ Comp Claim?
A third-party workers’ compensation claim has to do with a third-party being involved in a workplace accident. In other words, the injury was caused by another person’s negligence or recklessness. Some examples of this include:
- Manufacturing/design defects
- Drivers that cause car accidents involving workers on a job
- Owners of businesses that a worker has to visit as part of his or her job
A third-party workers’ compensation claim will aim to prove the third party’s negligence for compensation purposes.
Is There A Statute Of Limitations For Workers’ Compensation Cases?
Yes. Workers’ compensation laws require employees to file a claim for workers’ comp benefits within a certain amount of time. Usually, employees will not run into any issues as long as they file for benefits within one year of the date of the injury.