Workers’ compensation is a system that reimburses employees for medical treatment and lost wages for work-related injuries and disease. Employers must have workers’ compensation insurance coverage in Pennsylvania to cover these expenses (with some exceptions.)
Workers’ compensation is also known as workman’s comp, workman’s compensation, and workers’ comp.
Whether or not a person has a valid workers’ comp claim depends on many factors, specific to their particular circumstances, which is one reason why you need an experienced workers’ comp attorney to analyze the situation with you. Below are some facts to help you understand workers’ comp in PA.
If you have been injured at work or become ill because of work, contact Aversa & Linn. We will fight for you to hold all responsible parties accountable.
5 Important Things about Workers’ Comp in Pennsylvania
- You must file your claim within 120 days of being injured.In Pennsylvania, it is important to notify your employer of the injury within the first 21 days after being injured. You must give your employer notice of claim no later than 120 days after the injury to qualify for compensation. We recommend you report your injury to your supervisor or boss as soon as you are hurt, even if you think it is a minor injury or will go away without requiring medical care. Although a conversation is acceptable, a written report by email or text is preferable, so you have a record of what you reported and when. Tell your employer that you were injured at work and include the date and place of injury.In the case of an occupational disease, injury/disability must occur within 300 weeks from the date of last employment in an occupation in which the employee had exposure to a hazard, and a petition must be filed no later than three years from the date of injury/disability.Failure to file a petition on time may result in forfeiting all benefits.
- Your injury or disease must be work-related.To receive any benefits through the workers’ comp system, you must demonstrate that your injury or disease is “work-related.” This means the employee must have been injured during the course and scope of their employment. Whether or not something is work-related is very specific to each situation.
- Workers’ comp reimburses employees for medical treatment and lost wages for work-related injuries and disease.Injured employees are entitled through workers’ comp to the payment of related reasonable surgical and medical services rendered by a physician or other health care provider. Medicine, supplies, hospital treatment and services, orthopedic appliances and prostheses are also covered for as long as they are needed.Wage-loss benefits are most often equal to approximately two-thirds of the employee’s average weekly wage, up to a weekly maximum.
- Some things are not covered by workers’ comp.Things not covered by workers’ compensation in Pennsylvania include anxiety and depression, self-inflicted injuries, and injuries suffered while participating in illegal activities. You also may be ineligible for workers’ comp if another person intentionally caused your injury, or was the result of your own negligence.Workers’ compensation in Pennsylvania also does not cover pain and suffering. It doesn’t matter if the employer caused you to be hurt through their negligent practices, the Workers’ Compensation Act only allows you to recover wage loss and indemnity as long as they maintain their workers’ comp insurance.
- Employees can make a claim for occupational diseases and pre-existing conditions that are aggravated by their job.The workers’ comp system is designed to reimburse employees for medical treatment and lost wages for work-related injuries and disease.This is true even if a pre-existing condition contributes to the injury.The insurance company may try to deny the claim If the worker has a pre-existing condition, but pre-existing conditions may be compensable if it is aggravated by the employee’s work activities or environment. The employee does NOT need to have prior knowledge of the injury. Some common types of pre-existing injuries include knee and back injuries, arthritis, and soft tissue damage.
Filing for workers’ compensation benefits in Pennsylvania is a complicated process. You will have a better chance at succeeding with your claim if you understand your rights and responsibilities before you begin. The best way to proceed is to hire an experienced workers’ compensation lawyer to evaluate your situation and advise you how best to move forward.
If you have been injured at work or become ill because of work, contact Aversa & Linn. We will fight for you to hold all responsible parties accountable.
