Workers Compensation in Pennsylvania
You aren’t alone if you wonder how workers comp works. Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Pennsylvania state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Pennsylvania workers’ compensation insurance and how the process works.
Workers Compensation Statistics in Pennsylvania?
According to The Pennsylvania Department of Labor, falls are the most common workplace injury in the state. Falls account for nearly 20% of workplace injuries. However, the most serious injuries in Pennsylvania happen in the construction industry. Slightly behind this are the transportation, agricultural, forestry, and fish and wildlife industries. Employees who suffer work-related injuries or illnesses, have the right to receive medical and monetary benefits in Pennsylvania.
How Does Workers Comp Work in Pennsylvania?
There is a standard practice to follow when going through the Pennsylvania workers’ compensation process. Unfortunately, it begins with you getting sick or injured on the job. The circumstances surrounding the incident that led to the injury are especially crucial. The injury had to occur during the course of your regular work duties. It could also occur while you were performing a special task at the request of your boss.
The Pennsylvania Chamber of Business and Industry states that every business is required to carry workers’ compensation insurance. Sole proprietors are one of the few exceptions to this statute. Workers’ compensation entitles you to medical benefits, lost wages, and weekly benefits. Although you should note that mental health is not generally covered in Pennsylvania. To qualify for benefits for mental health, you must prove that the physical injury is responsible for the mental health problems.
The steps you take immediately following a workplace incident in Pennsylvania are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a Pennsylvania healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process.
Even if you believe that your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This is the first step in the workers’ compensation claim process. Absent a medical report, your employer cannot file a claim with the insurance carrier.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. All of your medical records will become the foundation from which the workers’ comp carrier will launch its investigation. Your doctor may make the determination that the illness is the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer. This is the next important phase of how Pennsylvania workers comp works.
The Pennsylvania Department of Labor lists 3 years as the statute of limitations to file a claim for workers’ compensation. In order to receive benefits, you must file within 3 years of the date of the injury. You should seek medical attention immediately if you have been injured. Then you should report the incident to your employer. If a dispute arises, try and settle it without filing a petition. However, if a resolution can’t be found, you can contact an attorney and they will assist you with filing your petition.
The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to submit a copy of the doctor’s report with the report of injury.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event.
Permanent Partial Disability in Pennsylvania entitles you to a maximum of 500 weeks of benefits. But, if an independent medical examiner determines that your impairment is 35% or more, you can petition for Total Disability. Weekly benefits in Pennsylvania fall between 67%-90% of the workers weekly wage. Benefits are capped at $1,081 per week.
Why You Should Hire a Workers’ Compensation Lawyer
In learning how Pennsylvania workers comp works, many people believe that the injury claims process is straightforward. While this may be the case in some instances, in others, it may be more of a hassle. For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury. There may even arise pay disputes and long-term care dictated by the doctor. Don’t question how workers comp works and risk losing your claim. Hire a Pennsylvania workers’ comp lawyer and ensure you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer in Pennsylvania
Your health and wellbeing need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation. Since the workers’ compensation claims process may be tricky, you should consider getting a local attorney well versed in how to deal with it. We can even help you connect with an attorney across Pennsylvania state lines. They can guide you while you continue to learn how workers comp works.
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