Accidents are an unfortunate fact of life. Given the average 40-hour workweek kept by most Americans, it is a certainty that some accidents will happen in the workplace. Typically, employees that are injured as a result of accidents at work are covered under a state-mandated program known as workers’ compensation. Every state has its own version of this program. In Pennsylvania, workers’ compensation provides injured workers with coverage for medical care as well as an allowance for lost wages.
One of the benefits of workers’ compensation is that it does not require an individual who has been injured to file a lawsuit to receive benefits. Nevertheless, the rules and regulations governing workers’ compensation are very specific and quite complex. If you have been injured at work or have been denied benefits, contacting an attorney is strongly advised. The Family of Lawyers at Munley, Munley, & Cartwright, P.C., specializes in workers’ compensation and will work to ensure that your rights are protected.
A workplace injury does not have to be the result of an accident to be covered by the workers’ compensation system. Many jobs entail tasks that contribute to repetitive stress injuries. Workers suffering from such injuries are entitled to receive payment for medical treatment and lost wages. Additionally, workers may be entitled to compensation for some illnesses that arise from long-term exposure to certain work conditions. Workers’ compensation covers an employee for the duration of his or her employment with a company.
There are, however, some exceptions to workers’ compensation coverage. Coverage is often denied in cases involving:
- self-inflicted injuries (including those caused by a person who starts a fight),
- injuries suffered while a worker was committing a serious crime,
- injuries incurred while an employee was not on the job, and
- injuries suffered when a worker's conduct violated company policy.
Additionally, injuries that are the result of a worker being under the influence of alcohol or drugs may not be covered by workers’ compensation.
Typically, workers’ compensation pays medical and disability benefits according to a state-approved formula. The benefits for loss of wages for total disability are equal to approximately two-thirds of the worker’s average weekly wage (up to a weekly maximum). When there is partial disability, benefits are reduced by approximately two-thirds the difference between pre-tax wages. Permanent disability may lead to qualification for Social Security Disability benefits.
To be eligible for workers’ compensation benefits, an employee must go through a specific set of procedures. If you have been injured, you must inform your employer of the following:
- that you were injured while working
- the exact date of the injury
- the location of the injury
If you are seeking to claim workers’ compensation benefits, you should do so quickly. There are specific rules governing the timeframe in which a claim may be filed. Typically, you must notify your employer of the injury or accident within 120 days of the injury/illness. If the claim is denied, there is a period of three years from the date of the injury in which to file a claim petition for a hearing and determination by a workers’ compensation judge. In the case of illness caused by the work environment, the disability must occur within 300 weeks from the last date of employment in which exposure to the hazard occurred. Failure to adhere to these time limits may result in a denial of benefits.
It is important to report the injury in writing. By doing so, and keeping a copy for your records, you eliminate any question about what, when, or to whom you made your injury or illness known. Once this is done, your employer must offer you a claim form immediately. When you complete your claim form and return it to your employer, it becomes the employer's responsibility to notify its workers’ compensation insurance company and to arrange medical assistance for you.
The Family of Lawyers at Munley, Munley, & Cartwright, P.C., has more than 40 years of experience in representing clients in Pennsylvania workers’ compensation claims. We have the knowledge and the expertise to ensure that your rights are fully protected. Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience.
Call us today at 1-800-318-LAW1 or contact us online for a free consultation with absolutely no obligation.
