Many individuals don’t realize that if they are injured while doing their job, insurance coverage is almost always available to pay for their lost wages and medical expenses. This type of insurance is known as workers’ compensation.
Under Pennsylvania’s workers’ compensation Law, nearly all employers must carry workers’ compensation insurance to cover valid work-related injury claims. The employee does not need to prove the employer was negligent to claim it. If you’re a Pennsylvania employee and have been injured on the job, this guide will explain what compensation is available and how you could get it.
Based on Pennsylvania’s Workers’ Compensation Act of 1915, if an employee is hurt at work, workers’ compensation insurance will typically pay the employee two-thirds of their ongoing lost wages.
For instance, if the employee is entirely off work because of injury, the worker will generally recover two-thirds of their full pre-injury wage. On the other hand, if the injured employee is capable of working, but, because of injury, cannot earn a wage equal to their pre-injury wage, the worker will recover two-thirds of the difference between their pre-injury wage and their ongoing post-injury wage.
The Department of Labor and Industry (DLI) updates the maximum wage-loss benefits available each year based on statewide average wages. For 2024:
The pre-injury wage used to calculate workers’ compensation wage benefits is the worker’s gross wage, not their net wage. If the worker’s pre-injury wage was a fluctuating wage, the law requires that an average pre-injury wage be determined from wages earned before the injury.
The duration of workers’ compensation benefits is unlimited if the worker is completely unable to work because of a work-related injury or disease. However, if the worker’s earning capacity is only partially decreased because of work-related injury, they can only receive workers’ compensation wage benefits for a maximum of 500 weeks.
If a healthy individual is injured at work, they are entitled to workers’ compensation benefits. However, few workers realize that they are also entitled to workers’ compensation if their work aggravates a preexisting, non-work-related injury or medical condition.
For instance, if an individual has a back problem that is not work-related, they are entitled to workers’ compensation benefits if work aggravates the back condition to the point where it interferes with their ability to work.
In addition to injuries, workers’ compensation benefits are also available to workers who contract a disease because of their work environment. For instance, if a worker suffers asbestosis because of exposure to asbestos at work, they are entitled to workers’ compensation benefits.
In addition to benefits for lost wages and medical expenses, our Workers’ Compensation Law also provides for the payment of fixed awards for the loss of body parts, such as arms, fingers, toes, legs or feet. These awards are called specific loss benefits.
Payment is also available for scarring or disfigurement to the head, neck or face, including loss of teeth. In these cases, lost wages do not need to be demonstrated. For instance, if the worker loses a finger but does not lose time from work, they are still entitled to a fixed amount of compensation for the loss of the finger.
In the event of death from a work-related injury or a compensable disease, our Workers’ Compensation Law also provides for the payment of a death benefit in most cases.
Importantly, keep in mind that a worker must give their employer timely notice of a work-related injury to receive workers’ compensation benefits. This notice must be given within 120 days after learning of the work-related nature of the injury. If this notice has been given, the worker is allowed to file a claim for benefits at any time within three years after the date of the injury, except in the case of eye injuries, in which event there may be an unlimited time to file a claim.
If you submit your claim promptly and it is accepted, you could be eligible to receive benefits from as early as eight days after first missing work because of injury. If your employer or their insurer denies your claim, you can appeal. Getting legal support can help you navigate the appeals process or handle an employer who rejects your claim.
Your employer may offer you a settlement instead of the standard plan for an extended injury. If they do, getting legal advice is crucial to ensure a fair agreement.
Buzgon Davis Law Offices is a Pennsylvania law firm with experience handling all aspects of the workers’ compensation claims process. Our workers’ comp attorneys help injured or sick workers in Pennsylvania assess their eligibility, advise and assist in preparing their claims, handle the paperwork, represent them in hearings and defend their interests if employers try suspending or terminating benefits.
Client testimonials have noted our personalized and professional approach and our legal expertise. Our workers’ comp lawyers have decades of experience and continue to demonstrate excellence in their practice. Multiple Community Choice Awards and Super Lawyer titles attest to the superior legal service standards our team upholds. Our commitment to the communities we serve drives us to fight for and win the compensation injured workers deserve.
Getting a workers’ compensation payout requires meeting strict deadlines, providing persuasive evidence and sometimes fighting through an appeal process. If you’re a Pennsylvania employee and have experienced a work-related injury or illness, getting legal support right away will improve the likelihood of a successful claim. That’s why you should reach out to Buzgon Davis Law Offices today.
Buzgon Davis Law Offices is a legal firm with experienced workers’ comp lawyers. We serve Lebanon County, Lancaster County, Dauphin County, Berks County and Schuylkill County. If you want a seasoned legal team on your side through every step of the workers’ comp claims process, we’re here to help.
Contact us today for a consultation and get the personalized legal support you deserve.
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