What Are My Workers’ Compensation Rights?
After you have been injured in a workplace accident or a substance in your workplace has caused you to be diagnosed with a serious illness, you may not be sure where to turn or what your rights are. You may be concerned that you could lose your job or that you will be unable to support your family while you work.
However, in Pennsylvania, any workplace injury must be covered by workers’ compensation with very few exceptions.
Workplace Injury Benefits
According to workers’ compensation attorneys, state law requires all employers with one or more employees to provide workers’ compensation coverage. The law says that you are guaranteed payment for your medical bills and lost wages while you are recuperating from your injury. In addition, you also have the right to negotiate a lump sum settlement as opposed to receiving weekly benefits from your employer.
If your employer has designated physicians for treating workplace injuries, you must see one of those physicians for the first 90 days. Once that period has ended, you may see the doctor of your choice. If your employer denies your benefits, you have the right to a hearing. One of the most important rights you have is recovery from your injury.
Your employer cannot require you return to work as long as a doctor has not cleared you to do so.
The Compensation Process
When you are injured at work, you should immediately report the injury to your supervisor, preferably in writing. You should seek immediate medical treatment in order to document your injuries as well. In Pennsylvania, your employer has 21 days to respond to your claim, whether they accept or reject your claim.
If your claim is denied, you can request a hearing before a workers’ compensation judge. Once you have been out of work for 14 days, your wage begins, effective the first day you missed work. Wage benefits are 66-2/3 percent of your weekly salary and may not exceed $978 per week.
Medical benefits are not limited nor are total disability benefits. After 104 weeks, or two years, of missed work, the employer can require an Impairment Review Evaluation in order to limit your benefits, but workers’ compensation attorneys at Lundy Law can help you fight such an evaluation.
Workers’ compensation can be complicated and confusing, which is why you need to speak to an attorney. Lundy Law has helped people just like you get the compensation they are entitled to under the law. Hiring an attorney does not mean you plan to sue your employer for a workplace injury. In fact, Pennsylvania law does not allow lawsuits for workplace injuries in most cases. An attorney simply looks out for your best interests after you have been injured on the job.
Arrange for your initial, no obligation consultation by calling 1-800-Lundy Law or completing the simple form online.