Workers’ compensation is a type of business insurance that provides benefits, in the form of wage compensation and/or medical benefits, to employees who were injured in the course and scope of their employment.

If you are hurt at work, the first thing you should do is give notice of your injury to your employer. Your employer should then have you complete an accident report, and will send you to their doctors for evaluation. At that point you may begin to receive workers’ compensation benefits.

However, if you do not give notice within 120 days of your injury, you may no longer be entitled to receive workers’ compensation benefits. That’s why it’s so important to give notice to your employer as soon as you know you sustained a work-related injury.

According to Section 301(c)(1) of the Pennsylvania Workers’ Compensation Act, a work injury is any injury that arises from the course and scope of a workers’ employment. The work injury could also include pre-existing conditions that were aggravated by a person’s job.

No! You should not be fired for sustaining an injury. In fact, in Pennsylvania it’s illegal to fire someone for becoming injured at work. However, since Pennsylvania is an “at will” state, that means that it is possible that your employer may fire you for a reason that is unrelated to your work injury. If you sustained a work-related injury and are concerned about the timing of your termination, you need to speak with an experienced workers’ compensation attorney.

If you are injured at work, then you are able to receive wage loss and/or medical benefits. Your employer will have 21 days after receiving notice of the injury to either accept or deny your claim. If your claim is accepted via either a Notice of Compensation Payable or a Notice of Temporary Compensation Payable, you may then begin to receive wage loss and/or medical benefits.

Wage loss benefits are those paid to you if your work injury results in you being unable to work. Wage loss benefits are calculated based upon your average weekly wage. Typically, your workers’ compensation wage loss benefits are 2/3rds of your average weekly wage.

Medical benefits are the medical expenses required to treat your injury. Your workers’ compensation insurance carrier should be responsible for paying those bills. You will not be required to pay for medical treatment associated with your accepted work injury.

If you are injured at work, you should first give notice to your employer. After giving timely notice, your employer will then submit a First Report of Injury to the PA Bureau of Labor and Industry. This will establish a claim in the Workers’ Compensation Automation and Integration System (also known as “WCAIS”).

As an employee, you do not need your own workers’ compensation insurance. Under the law, your employer is supposed to carry worker’s compensation insurance in the event that you are injured at work.

Most people tend to give notice to their employers verbally. Please keep in mind that just telling your coworkers may not be enough for the “notice” requirement, as your employer needs to be aware of your work injury. You should tell a direct supervisor in the event you become injured. Under Pennsylvania law, notice to your employer must be given within 120 days of injury.

You should try to report an injury to your employer immediately. However, we know life doesn’t always work like that. Fortunately, the PA Workers’ Compensation Act provides that you have 120 days to give notice and report your work injury. If you wait past the 120 days to give notice, you may be barred from receiving workers’ compensation benefits.

The statute of limitations in Pennsylvania for a workers’ compensation claim is three years from the date of your injury. If you are injured at work, and do not file your claim within three years from the date of your injury, then you will be barred from filing a claim and collecting workers’ compensation benefits.

If you are injured at work, you should immediately tell your supervisor or other person in charge with your employer. Please keep in mind that just telling your coworkers may not be enough for the “notice” requirement, as your employer needs to be aware of your work injury. You should tell a direct supervisor in the event you become injured.

Wage loss, medical benefits, and specific loss benefits.

Your wage loss benefits depend upon your average weekly wage. Generally, you can expect your workers’ compensation wage loss benefits to be approximately 66% of your average weekly wage.

The very legal answer to this question is, “that depends.” Your attorney will want to consider and discuss a number of different things with you when evaluating whether you should settle your workers’ compensation case. If you have a workers’ compensation injury, and are interested in settling your case, you should contact the attorneys at Cohen, Feeley, Altemose & Rambo, who can help you determine if settling makes sense for your particular situation.

Returning to work after you sustain an injury may end up decreasing your wage loss payments. When you are completely out of work for a period of time, you are eligible to receive total disability benefits. If you return to work, but are unable to work the same full duty job as before, you may be eligible to receive partial disability benefits.

Ideally, you will be able to remain on workers’ compensation indefinitely, as long as you continue to suffer disability from a work injury. However, the insurance companies often try to modify or terminate your workers’ compensation benefits too early. If you have a question about your benefits, you can contact the attorneys at Cohen, Feeley, Altemose & Rambo for a free consultation.

No. Your workers’ compensation wage loss benefits are calculated based upon your average weekly wage. Depending upon what your average weekly wage is, you can expect to receive between 66% to 90% of your average weekly wage in compensation.

This depends upon the insurance carrier and employer. Generally, worker’s compensation checks are to be sent at the same frequency that your paychecks were sent to you when you were working. Some send checks out every week, and some send them out biweekly.

You can absolutely treat with your own doctor; however, you must initially treat with the insurance carrier’s panel doctors. After 90 days you will be allowed to seek a second opinion and treat with your own physicians.

Again, this depends. Unemployment and Workers’ Compensation are two different programs. One pays you while you are in between jobs, and the other pays you after you have been injured while in the course and scope of your employment. If you are not working as a result of your work injury, you should be able to receive workers’ compensation wage loss and medical benefits. However, if your workers’ compensation claim was denied, you can apply for unemployment to “tide you over” while you litigate your workers’ compensation claim. Just know that, if your claim for workers’ compensation benefits is later approved, Workers’ Compensation will be entitled to a credit for any money that you received from Unemployment.

Yes.

Generally, yes. As long as you were working within the course and scope of your employment at the time of your injury, then you should still be eligible for workers’ compensation benefits, even if the injury was technically your “fault” (and as long as you were not engaging in specific acts of misconduct). If your injury is denied as being work-related, or due to allegations it was your own fault, you should contact an experienced workers’ compensation attorney to evaluate your case.

This is a form that your employer will complete upon being notified of your work injury. This form establishes a claim in the Workers’ Compensation Automation and Integration System (“WCAIS”).

Wage loss benefits, medical benefits, and specific loss benefits are all available under workers’ compensation, depending upon the injury.

The Pennsylvania Workers’ Compensation Act.

Yes. This is known as an aggravation. If you sustain an aggravation of a pre-existing condition as a result of an injury sustained in the course and scope of your employment, then that aggravation will be considered a work-related injury.

Your average weekly wage is calculated by looking at the compensation you received in the year prior to your work injury. That year is broken down into four quarters, and the average weekly wage from the highest three quarters is used to determine your average weekly wage. If you had concurrent employment, or did not work for a full year prior to your work injury, then different math will apply.

Yes, you can always consider settling your workers’ compensation case outright. If you are interested in settling your case, and want to make sure you receive the most favorable settlement possible, please contact the attorneys at Cohen, Feeley, Altemose & Rambo.

If you sustained a work-related injury but your employer does not have workers’ compensation insurance, you are still entitled to collect workers’ compensation benefits. However, it is much more difficult, as you will need to assert a claim with the Uninsured Employers Guaranty Fund. As a result, you will have more success litigating your case if you hire an experienced workers’ compensation attorney.

Call an experienced workers’ compensation lawyer, who will file a Claim Petition on your behalf. The attorneys at Cohen, Feeley, Altemose & Rambo have experience fighting these denials, and can help you win your own claim for workers’ compensation benefits.