Pennsylvania's workers' compensation system is designed to provide financial assistance and medical care to employees who suffer work-related injuries or illnesses. As a no-fault system, it allows employees to receive benefits regardless of who was at fault for the injury, ensuring support for recovery and compensation for lost wages. Employers are required by law to provide this insurance coverage, which, in turn, protects them from being directly sued by the employee for the injuries sustained.
The process involves notifying the employer of the injury, seeking medical treatment, filing a claim, and potentially navigating through hearings if the claim is disputed. This system aims to strike a balance between supporting injured workers during their recovery and returning to work and managing the financial and operational impacts on employers. Understanding the intricacies of Pennsylvania's workers' compensation laws is crucial for both employees and employers to ensure fair and timely access to benefits. If you have questions about filing a claim or an existing claim, a workers comp attorney at Brandon J. Broderick is available to assist you.
This article provides insights into the benefits of Pennsylvania's workers' compensation and the duration for which you might be eligible to receive them following an accident at work.
How Long Will I Receive Medical Benefits?
Within Pennsylvania's workers' compensation framework, you have the right to medical benefits. These benefits cover the cost of all reasonable and necessary medical care for injuries or illnesses related to your job. These medical benefits can extend for as long as your treating doctor recommends such treatment as reasonable and necessary. Securing coverage for treatments might become more challenging once you've attained maximum medical improvement (MMI), the stage where no further medical intervention is anticipated to improve your condition. Beyond reaching MMI, medical benefits might be confined to pain management or similar supportive care.
What Workers’ Compensation Benefits Are Available in Pennsylvania?
In Pennsylvania, when an injury results in partial or total disability, affected workers may qualify for benefits that encompass reasonable and necessary medical costs, compensation for lost wages while undergoing rehabilitation, and disability benefits. Additionally, should a workplace accident result in the death of an employee, their surviving relatives might be entitled to death benefits.
The benefits available to injured PA workers include:
- Compensation for Lost Wages: Eligibility for wage-loss benefits arises if you are deemed fully disabled and unable to work, or partially disabled and earning less than your pre-injury wages. If an injury limits your ability to work, the replacement amount is typically two-thirds of your average weekly wage, subject to a maximum cap.
- Death Benefits: In the case of a death resulting from a workplace injury, dependent survivors may receive benefits. These benefits are typically a percentage of the deceased worker's earnings, with a cap on the weekly amount that aligns with the state's average wage. The cost of funeral expenses for the deceased worker may also be covered under workers' compensation.
- Specific Loss Benefits: Should you endure a permanent loss of certain bodily functions or disfigurement of the neck, head, or face, you might qualify for a specific loss award. This includes permanent impairments like loss of vision, hearing, or the use of limbs or digits.
- Medical Care Costs: Covered individuals are entitled to reimbursement for necessary medical treatments related to a work-related illness or injury. This encompasses a wide range of services, including surgical and medical care, hospital and treatment services, orthopedic devices, as well as prescriptions and necessary medical supplies, provided by physicians and other healthcare professionals, including chiropractors.
Total and Partial Disability Benefits Status: Duration in Pennsylvania
The duration for which you can receive workers' compensation in Pennsylvania varies based on the nature and severity of your injuries. Medical benefits are available for the entirety of the period you require them. However, the extent of your disability will determine how long you can collect lost wages.
Status of Total Disability Benefits
This status is assigned to workers deemed completely disabled and unable to perform any work. After receiving this designation for 104 weeks, the employer or insurance provider may request a medical review to determine whether the worker has a 35 percent or greater impairment as a result of their work-related injury, according to the American Medical Association. Failing to meet the 35 percent impairment threshold could lead to a reclassification of the worker's status to partial disability.
Status of Partial Disability Benefits
Eligible for a maximum duration of 500 weeks, this status applies if, during partial disability, an evaluation by a certified impairment-rating physician shows an impairment level of 35 percent or higher, allowing the worker to request a reinstatement to total disability status.
Benefits for partial disability, up to 500 weeks, are available for individuals who return to work at a lower wage within the limitations of their work-related injury or for those who are not considered totally disabled.
Calculating precise benefit amounts and their duration can be complex; therefore, it's advisable to consult a workers' comp lawyer for assistance and guidance.
What if a Workers’ Compensation Insurer Discontinues My Benefits or Denies My Claim?
Your employer or their insurance provider might try to reject your claim, arguing that your own actions contributed to your injuries or that you failed to report your injury within the allotted time frame.
Additional grounds for claim denial by your employer may involve:
- Mistakes or incorrect information on your accident report or claim documentation
- Sustaining your injury outside of work premises
- Participation in unlawful activities at the time of the incident
If your claim is denied by your employer or their insurer, or your benefits have been discontinued, obtaining legal counsel is a good idea. A workers' compensation attorney can assist in securing the medical and wage loss benefits rightfully owed to you for your injuries.
Pennsylvania Workers’ Compensation Lawyer Brandon J. Broderick Is Available To Help You With Your Claim Today
Suffering an injury at work can have severe consequences, especially if it leads to a long-term absence from your job. While the workers' compensation system in Pennsylvania is designed to offer compensation for medical bills and lost wages due to missed work, securing the benefits you're entitled to can prove challenging. This is where consulting with a skilled PA workers' compensation attorney becomes crucial. They can provide expert advice and support throughout the claims process.
The seasoned Workers' Compensation lawyers at Brandon J. Broderick are available to assist clients in Allentown, Bethlehem, Easton, Erie, Harrisburg, Lancaster, Leola, Philadelphia, Pittsburgh, Reading, and throughout Pennsylvania, ensuring they receive the representation they need.
Reach out to us today for a free consultation. We are available 24/7.