What Are the Most Common Claims, Injuries, and Causes
If you were hurt on the job, the very likely answer is yes – even if the accident that caused your injury was your fault.
There’s a common misconception that you’re not entitled to workers’ compensation if the accident that caused your injury was your fault. This is simply not true, and may be one of the first tactics used by your employer or insurance company to deny your claim.
To be eligible for compensation in Pennsylvania, your injury must arise while you are working and because of the work you are doing. Your injury must also be caused by an accident, or, in the case of a back injury, a specific incident. Additionally, your employer must have three or more employees.
Common Types Of Workplace Injuries
- Slips and falls
- Lifting heavy objects
- Repetitive motion
- Being struck by an object
- Exposure to toxic chemicals
- Car accidents
- Strains and sprains
- Cuts and lacerations
- Bruises and contusions
- Fractures, and dislocations
What if My Injury Was My Fault?
If you were injured on the job, don’t worry, you are still entitled to workers’ compensation even if the accident that caused your injury was your fault.
This is simply not true, and may be one of the first tactics used by your employer or insurance company to deny your claim.
In order to be eligible for compensation in Pennsylvania, your injury must have arisen while you were working and because of the work that you were doing.
How Do I Apply for Workers Compensation in Pennsylvania and Handle Disputes?
Workers’ compensation can be a confusing process, but with the help of an experienced attorney, it can be a lot easier. Here are the basics:
- Notify your supervisor as soon as possible – unless you’re too injured to do so. The longer you wait, the more likely it is that your claim will be denied.
- Seek medical attention, but be aware that not all treatment may be covered under workers’ compensation.
- File a written claim – you have two years from the date of your injury to do so, but it’s best to act as soon as possible.
- Contact an attorney – they can help you avoid mistakes that could complicate your claim.
How Exactly Do I File a Workers’ Compensation Claim in PA?
The clock is ticking the moment you’re injured at work. There are specific time frames during which you have the opportunity to act, and it’s important to know what they are. Here’s a breakdown:
When you’re injured, notify your supervisor immediately and take whatever steps your employer’s policy requires. If you’re seriously injured and need to seek medical attention right away, do so, but be aware that treatment you seek on your own may not be covered by workers’ compensation.
You have 30 days by law to notify your employer of the injury. You also have two years to file a written claim
While it may seem like you have a lot of time, it’s important not to delay. Doing so may give an insurance company adjuster a reason to limit or downplay your injury. In some cases, an injury may not be readily apparent, such as in the case of an occupational disease.
There are also specific forms to fill out and file. Make sure to read our detailed guide on filling out a claim.
How Likely Is It That I Will Be Compensated for My Injury?
If you are injured on the job, you may be entitled to workers’ compensation benefits. These benefits can help you pay for medical expenses and lost wages while you recover from your injury. To be eligible for workers’ compensation, your injury must:
– Arise while you are working
– Be caused by the work you are doing
– Be caused by an accident, or in the case of a back injury, a specific incident
What Are the Benefits of Workers’ Compensation in Pennsylvania?
Workers’ compensation in Pennsylvania typically pays for medical expenses related to an injury, as well as wage loss benefits for the time you are unable to work due to the injury. There are several forms of compensation, including Temporary Total Disability, Temporary Partial Disability, Permanent Partial Disability, and Total and Permanent Disability. In addition, death benefits may be available.
Workers Comp Video FAQ. Watch Videos to Learn About Workers Compensation From Lundy Law
How Do the Circumstances of My Workplace Injury Affect My Compensation?
There are many circumstances that can affect a workers’ compensation claim, and a lot of confusion surrounding how they do so. Here are a few facts.
- Fault – It does not matter under Pennsylvania law who is at fault for an accident that causes injury. Fault does not factor into the workers’ compensation claim.
- Intent – If your intent was to be injured, the law excludes you from compensation. Put another way, you cannot choose to suffer an accidental injury.
- Safety Protocols – If an employer’s failure to follow approved safety guidelines is a factor in a workplace injury, the workers’ compensation can be increased. If a worker simply fails to follow proper safety rules or is otherwise not fit for work – such as through intoxication – the worker’s compensation can be reduced.
- Location – Most work injuries happen on your employer’s property, but not all of them. Injuries that happen on the employers’ premises are generally compensable. If you are performing work for your employer in another location, your injury could also be compensable. However, an employee who is injured while traveling to or from work is generally not covered under workers’ compensation. However, there are lots of exceptions. An experienced workers’ compensation attorney can help determine whether your injury should be covered.
Workers’ compensation can be a complex area of law, with many circumstances that can affect a claim. Here are some facts to help you understand how workers’ compensation works.
Fault does not matter under Pennsylvania law when it comes to workers’ compensation claims. This means that whether you were at fault for the accident or not is not relevant.
Intent also does not matter when it comes to workers’ compensation. This means that if you were injured on purpose, you would not be eligible for workers’ compensation.
Safety protocols can affect workers’ compensation in two ways. If an employer has failed to follow approved safety guidelines and this is a factor in your workplace injury, your workers’ compensation can be increased. However, if you simply failed to follow proper safety rules or were not fit for work at the time of the accident (such as through intoxication), your workers’ compensation can be reduced.
The location of your injury can also affect your workers’ compensation claim. Most workplace injuries happen on your employer’s property. However, if you are injured while working for your employer in another location, your injury could still be compensable. For example, if you are a delivery driver and are injured in a car accident while making a delivery for your employer, you would likely be covered by workers’ compensation. However, if you are injured while traveling to or from work, you would not be covered.
How Much Does Workers’ Comp Pay?
If you are injured at work, you are entitled to two thirds of your average weekly wage according to Pennsylvania law. The insurance company will calculate your average weekly wage using the earnings from the previous year before taxes. This benefit is not taxed by the federal or state government. If you are not receiving the correct amount, you should contact an experienced workers’ compensation lawyer.
How Does My Workers’ Comp Claim Affect My Employer?
Another question we often get is, “What if my employer doesn’t have workers’ compensation insurance?” Unfortunately, if your employer does not have workers’ compensation insurance and you are injured at work, you may be out of luck. You may still be able to sue your employer in civil court, but it can be a long and difficult process.
How Does Workers’ Comp Handle My Medical Care and Bills?
If you’re injured at work, workers’ compensation covers your medical care and bills. But there are some things you should know about how it works.
For most people, workers’ compensation will cover all of your medical costs related to your workplace injury. This includes things like doctor’s visits, hospital stays, surgeries, and physical therapy.
However, there may be some limits on what workers’ compensation will pay for. For example, you may have to pay a deductible or copayment for some services. And, in some cases, workers’ compensation may only cover certain types of medical treatments
Can I Be Treated By My Own Doctor for My Injury?
If you are not happy with the treatment you are receiving from your workers’ compensation doctor, you can request that treatment be provided by a different physician.