Worker's Compensation
Pennsylvania Workers' Compensation Overview:
All employers are required, by law, to have workers' compensation insurance to cover on-the-job injuries their employees may suffer. Workers' Compensation covers any and all injuries or illnesses an employee may suffer in the course of his or her employment.
Workers' Compensation exists to protect both employers and employees. Before workers' compensation, an employee had to file suit against an employer in order to receive compensation for an injury on the job, similar to a personal injury suit against another person or entity. As a result, employers would rack up huge legal fees in defending against the claim. Also, an employer could argue that the employee's negligence caused the injury as a defense to the claim, which could result in the employee receiving no benefits. To avoid these circumstances, Workers' Compensation was created and is a no-fault insurance system. That is, an employee's negligence is not taken into consideration as part of the proceedings. As long as the injury or illness was suffered by the employee in the course and scope of his or her employment (with some exceptions), an employee is entitled to workers' compensation benefits.
Injuries covered by the Workers' Compensation Act (WCA)
As indicated, the WCA covers any and all injuries or illnesses that result out of an employee's course of employment. The most obvious injuries covered by the WCA are injuries that result from a traumatic event, such as a broken bone, loss of a limb or digit or laceration. Also included are injuries caused by the work environment, such as, respiratory diseases or stress related conditions such as strokes or heart attacks. The WCA also covers injuries that are the result of continuous strenuous activity at work, such as a bad back. The WCA also covers the death of an employee, if his or her job caused the death. The employee's spouse and or children are entitled to wrongful death benefits.
What should you do if you are injured on the job?
If you have suffered what you believe is a life-threatening injury that needs immediate medical attention call 911 or visit an emergency room.
If you sustain any injury which you believe is related to your work, you must immediately report the injury to your employer. An employee has 120 days from the date of his or her injury, or the date the employee is made aware that an illness he or she suffers from is related to the work environment, to report the injury to his or her employer. If the injury is reported more than 120 days from the date of injury you will not be entitled to WCA benefits. It is best to immediately report any injury you suffer at work to your employer, even if does not result in an immediate claim.
Request that a written accident report be created. If the employer denies that your injury is related to your work activities, this does not mean that you are not entitled to benefits. You will need to file a Claim Petition with the Pennsylvania Bureau of Workers' Compensation and attend hearings before an administrative law judge. It is best during these proceedings to be represented by an experienced workers' compensation attorney.
Entitlement to WCA Benefits
If you are injured on the job you may be entitled to one or more of the following benefits:
- All reasonable and necessary medical treatment related to the treatment of your work injury
- Lost Wage benefits.
- You will receive 2/3 of your average weekly wage, up to a cap amount. These benefits will not be paid for the first seven days from the date of injury. If your injury prevents you from working more than seven days, you are entitled to wage loss benefits.
- These benefits are tax free income.
- Should you be able to continue working, but your injury prevents you from earning the same amount as your average weekly wage at the time of your injury you are still entitled to a portion of full wage loss benefits.
- Specific Loss Benefits: If your injury results in scarring of the face or neck and/or the loss of use of a body part, such as an amputated finger, arm or leg, you may be entitled to a lump sum payment in addition to wage loss benefits.
Lump Sum Payment
If your work injury continues to prevent you from re-entering the work place you may be entitled to a lump sum payment from the insurance company. Usually this lump sum payment will resolve all future benefits you may be entitled to under the WCA Act.
Attorney Representation
The Workers' Compensation Act is very complex, with many loopholes and pitfalls for the unwitting injured employee. Although you may represent yourself, it is advised that you at least speak with an experienced workers' compensation attorney before doing so. The attorneys at Vendetti & Vendetti are seasoned workers' compensation attorneys, well-experienced with the Workers' Compensation Act. Our attorneys handle both insurance defense work and claimant work. As an injured employee, in almost all cases, you pay no out-of pocket expenses.
If you believe you have suffered a work injury, or currently are receiving WCA benefits but are unsure whether you are being treated appropriately under the WCA call Vendetti & Vendetti for a FREE consultation regarding your claim.
Our Workers' Compensation attorneys are:
