Workplace injuries can have a significant impact on an individual’s physical health, emotional well-being, and financial stability. When a worker is injured on the job, Pennsylvania's workers' compensation system is designed to provide financial support to cover medical expenses, lost wages, and other related costs. However, many people do not know the steps to take or what they must do if they suffer a work-related injury and need to file for workers’ comp benefits. Understanding how to navigate this process is important.

In Pennsylvania, the workers' compensation system follows specific rules and regulations that dictate when and how injured employees can file a claim, the benefits they are eligible to receive, and the process for appealing a denied claim. This article will provide a detailed overview of workers' compensation claims in Pennsylvania, outlining the steps injured workers should take and key information to keep in mind when pursuing a claim.

If you’ve been injured in a workplace accident, call the law firm of Brandon J. Broderick, Attorney at Law. Consult with one of our experienced PA workers’ comp lawyers to discuss your case and learn more about your legal options.

Understanding Workers' Compensation in Pennsylvania

What Is Workers' Compensation?

Workers' compensation is a form of insurance that most employers in Pennsylvania are required to carry. It provides benefits to employees who are injured or become ill as a direct result of their job. This system ensures that workers can access medical treatment, wage replacement, and other necessary resources without having to file a lawsuit against their employer.

Under Pennsylvania’s Workers' Compensation Act, nearly all employees are covered, regardless of the size of the company or the type of work performed. The law protects workers from financial hardship after a workplace injury while also protecting employers from lawsuits related to workplace accidents. However, the workers' compensation process can be difficult, and injured workers often need to take specific steps to ensure they receive the benefits they deserve.

Filing a Workers' Compensation Claim in Pennsylvania

If you’ve been injured at work in Pennsylvania, it’s important to follow the correct steps to file a workers' compensation claim. The following steps outline the process:

1. Report the Injury Immediately: Under Pennsylvania law, injured workers must notify their employer of the injury within 21 days of the accident to receive benefits from the date of the injury. If the injury is not reported within 120 days, you may lose your right to collect workers' compensation benefits entirely. Reporting the injury as soon as possible will help you avoid any complications.
2. Seek Medical Treatment: After reporting the injury, it’s essential to seek medical treatment right away. In some cases, your employer may provide you with a list of approved medical providers. For the first 90 days after the injury, you are generally required to see a provider from this list. After 90 days, you are free to choose your own doctor. Always keep records of your medical visits, treatments, and any expenses related to your care.
3. Complete and Submit a Workers' Compensation Claim Form: Your employer should provide you with the necessary workers' compensation claim forms. Fill these out promptly and accurately. After this, it is your employer’s responsibility to submit the claim to their workers' compensation insurance provider.
4. Await Approval or Denial: Once the insurance carrier reviews your claim, they will either approve or deny it. If approved, you will begin receiving benefits, including payment for medical expenses and wage replacement. If denied, you have the right to appeal the decision.

Workers' Compensation Benefits in Pennsylvania

Medical Coverage

Once approved, your workers' compensation claim will cover all necessary medical expenses that are related to your injury. This includes doctor's visits, surgeries, prescriptions, physical therapy, and any other medical treatments required for your recovery.

Wage Replacement

In addition to covering medical costs, workers' comp will offer wage replacement benefits. In Pennsylvania, these benefits are typically equal to two-thirds of your average weekly wage, up to a maximum amount set by the state. Wage replacement benefits may be categorized as:

• Temporary Total Disability (TTD): If you are unable to work due to your injury, you may receive TTD benefits until you are able to return to work.
• Partial Disability (PD): If your injury limits your ability to work or forces you to take a lower-paying job, you may be eligible for partial disability benefits to compensate for the wage difference.

Specific Loss Benefits

In Pennsylvania, workers' compensation may also provide specific loss benefits if you suffer a permanent injury, such as the loss of a limb, vision, or hearing. These benefits are awarded based on the type and severity of the injury.

Appealing a Denied Workers' Compensation Claim

If you’re denied after filing a workers' compensation claim, you may appeal the decision. The appeal process in Pennsylvania involves several steps, including requesting a hearing before a workers' compensation judge. You must file an appeal within three years of the date of injury. During the appeal, it’s essential to gather all relevant medical records, witness statements, and documentation to support your case. Working with an experienced workers comp attorney can be helpful in navigating the appeals process and improving your chances of success.

Key Information About Pennsylvania Workers' Compensation

• No-Fault System: Pennsylvania’s workers' compensation system is a no-fault system, meaning that injured workers are entitled to benefits regardless of who was at fault for the injury. This means that even if the worker was partially responsible for the accident, they can still receive benefits.
• Return-to-Work Programs: In some cases, employers may offer a modified or light-duty position to help an injured worker return to work. If the worker can perform this role, they may continue receiving partial disability benefits if the new job pays less than their previous role.
• Third-Party Claims: While workers' compensation generally prevents workers from suing their employer, there are situations where an injured worker may be able to file a third-party claim if another party (such as a subcontractor or equipment manufacturer) was responsible for the injury.

Call Brandon J. Broderick For Legal Help

Navigating PA workers’ compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers comp lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.