Important Facts About Pennsylvania Workers’ Compensation
Workers’ compensation is a complicated area of the law. There are many facts about Pennsylvania workers’ compensation law that you need to understand. Here are some of the common questions our lawyers are asked by our clients.
What is Workers’ Compensation?
Workers’ compensation is a system of benefits provided under the Pennsylvania Workers’ Compensation Act. The benefits pay for such things as medical bills and lost wages when an employee is injured at work. These payments continue until the worker is able to return to work. If the employee cannot return to work, it is often possible to negotiate a lump sum payment. If a work-related incident results in death, benefits might be available to the employee’s dependents (spouse and children.) Learn more about the types of benefits available on our workers’ compensation website.
What is a Work Injury?
A work injury is one you received at work or during work-related activities. If you receive an injury outside of work, but you are under the scope of your employment, you might still qualify for benefits.
What is a Work-Related Illness or Disease?
A work-related illness is one that causes harm due to exposure to chemicals, fumes, dust, solvents or other harmful items. For example, if there is a chemical spill at your job, and you are injured and not able to work, you should qualify for benefits.
What are Burial Expenses?
These are expenses of burying a loved one who died due to a work-related event.
When Must a You Report an Injury?
You must report the injury within 120 days. You will not be eligible for benefits if you wait too long. However, it is better to report your injury immediately. Failure to report immediately often results in the argument that you were not injured at work.
Does the Worker Have to Prove He Was Injured in a Work Accident?
Yes. You will only receive benefits if you can show you were hurt at work.
How Does an Injured Worker Receive Benefits?
Report the incident immediately to your supervisor or HR. The employer will then want to know the date of the injury and where exactly it occurred. Once you qualify for benefits, you should receive payment on the same schedule you currently receive your pay check.
What if the Claim is Denied?
If your claim is denied, you need to file an appeal. Contact us for help.
How Much are the Wage Benefits?
The wage loss benefit is 2/3 of your average weekly salary at the time that the work injury happened.
When Will You Get Your First Payment?
You should receive your first check no later than 21 days after reporting your injury. This assumes you claim is accepted.
If You Hire Lowenthal & Abrams, What is the Fee?
The fee is 20%. We do not charge a fee unless we are successful in helping you. This means we must get, save or restore your benefits. The fee also applies if we obtain a lump sum settlement for you.
What is Special about Lowenthal & Abrams?
No matter what firm you hire, the fee is the same, because it is set by law. This means, your focus should be on choosing the best lawyer possible. James Mogul leads our team. Jim is a certified expert in Pennsylvania Workers’ Compensation law.* He has been handling workers’ compensation cases for many years. Jim is hands-on for every case that comes through our doors.
If you have any questions about workers’ compensation, or need someone to handle your claim, please contact the Pennsylvania Workers’ Compensation Lawyers at Lowenthal & Abrams.
*Certified as a Specialist in the Practice of Workers’ Compensation Law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as Authorized by the Pennsylvania Supreme Court.