Eligibility
Employers are required by law to provide laborers compensation coverage to their employees. Most laborers are covered by the Pennsylvania Workers Compensation Act. Even if an employer only has one employee, that employee is covered. Those who are self-employed may be rare exclusions to this law.
If an employee is injure on the job, his or her eligibility for work comp gains will depend upon the circumstances of the injury. In general, you may be entitled for workers compensation payments if you are injure on the job, make a pre-existing injury worse, or create a work-related illness. In addition, you may request work comp payments even if you are at fault for your injury. However, accidents that occur while traveling to or from work or for the duration of breaks in general do not qualify for workers compensation, unless you are driving for your job.
Most injuries and disease caused by a work-related accident or condition are covered underneath the PA Workers Compensation Act. The only ones that may not be covered are:
- Injuries that are purposely self-inflicted, including suicide
- Injuries that are caused by your own intoxication or illegal drug use
- Injuries that are caused by breaking the law
- Injuries that result when a co-worker attacks you for personal reasons
- Injuries that result when a third person attacks you for a reason not affiliated to your job
Filing a Claim
You will have to report any work-related injury or sickness to your employer or supervisor right away and make sure that your employer or supervisor files an accident report. In Pennsylvania, you have 120 days to let your employer recognise that you sustained an injury at work. If you don’t tell your employer that you were injured within 120 days, you may not receive work comp benefits. You have three years from the day you were injured to file a assert petition for an injury.
It is necessary to note that in PA, the Workers Compensation Bureau prints all of it is forms on the same color paper. Therefore, you have to read all of the documents carefully. If you sign a document, the Courts believe that you have understood it and will enforce what you have signed, even if you made a mistake.
Payments
In Pennsylvania, you may be entitled to receive work comp payments if a doctor places you on medical leave from work for more than seven days. In order to be paid for your basi seven days of missed work, you have to be off of work and underneath a doctor’s care for at least 14 successive work days.
If your work comp assert is approved, the following payments may be available to you:
- Medical Benefits
- Total Disability Benefits (lost wages)
- Partial Disability Benefits (lost wages)
- Death Benefits
- Specific Loss Benefits
- Scarring
In Pennsylvania, payments for lost wages are approximately 2/3 of your intermediate weekly wage, up to a pre-set maximum. Benefits may be scaled down if you are receiving other payments like social security, pensions, severance pay, jobless comp, etc.
Denied Benefits
If your work comp assert is wrongfully denied, there are steps you may take to fight the decision.
If you are going to appeal the denial of your workers comp claim, you will most likely need an attorney to support file your assert petition, handle your paperwork, and represent you at a laborers comp hearing. In fact, in numerous cases a judge won’t “hear” your case unless you have legal representation.
In Pennsylvania, there is ordinarily more than one hearing for a workers comp case. After the documents and testimony are submitted and the case is closed, the judge will issue a written decision. If any individual involved in your case does not agree with the decision issued by the judge, an appeal is filed by an attorney. The appeals procedure may go all the way to the Pennsylvania Supreme Court.
Hiring an Attorney
Hiring an attorney is specially necessary if your gains are denied, if you lose your benefits, if you are in danger of losing your benefits, or if you want to pursue a lump sum settlement.
An attorney who knows the ins and outs of the work comp system may help you receive or keep your benefits. If you determine to appeal the decision to deny your workers comp claim, an attorney will aid you file your assert petition, finish your paperwork, and represent you at hearings. If you receive letters threatening to reduce or end your benefits, an attorney may help you maintain them.
Finally, if you’ve been gathering workers compensation for at least four months, you may be entitled to receive a lump sum settlement. While this option has it is conveniences, it is indispensable to make sure that the settlement you receive is fair. An attorney may aid you determine if a lump sum settlement is the best option for you, how much you ought to receive, and how to handle medical issues after your settlement.