| Question: |
What is workers’ compensation? |
| Answer: |
In Pennsylvania, the Workers’ Compensation Act provides injured
workers with the right to collect wage loss and medical benefits for
injuries sustained in the course and scope of employment. |
| |
|
| Question: |
Who pays my workers’ compensation benefits? |
| Answer: |
Workers’ Compensation benefits are typically paid by the employer’s
workers’ compensation insurance carrier, or if self-insured, the employer itself. |
| |
|
| Question: |
What type of injury is covered? |
| Answer: |
Workers’ Compensation covers most, but not all work-related injuries.
Injuries can range from a fall at work to a repetitive stress illness,
such as a heart attack. However, your injury may not be compensable
if it is intentionally self-inflicted or the result of the employee’s violation
of the law, such as intoxication. |
| |
|
| Question: |
Are there time limits to report an injury? |
| Answer: |
Notice of an injury should be reported to your employer as soon
as possible. Unless the injury is obvious or the employer has notice
of the injury, notice must be given no later than 120 days after the
injury. If you provide notice of the injury after 21 days, but before
120 days, no compensation will be paid until actual notice is given
to the employer. |
| |
|
| Question: |
What type of benefits do I receive? |
| Answer: |
Assuming you timely report your work injury to your employer, you may be
entitled to wage loss and medical benefits. Payment of wage loss benefits
varies from whether you are totally disabled from the work injury or whether
you have returned to work in some fashion such that you may be considered
partially disabled. Wage loss benefits are equal to approximately two-thirds
of your average weekly wage.
Payment of medical benefits by the employer may not mean that your claim has been accepted. |
| |
|
| Question: |
What happens if the employer and its insurance carrier deny liability? |
| Answer: |
Generally, within 21 days form the date the employee provides notification
of a work injury, the employer/carrier is required to either accept or deny
liability for the injury. If the employer/carrier denies liability for an
injury you deem work-related, it may be necessary to file a Claim Petition
with the Bureau of Workers’ Compensation. |
| |
|
| Question: |
How does a case get assigned to a Workers’ Compensation Judge? |
| Answer: |
Once a petition is filed by either the injured worker, employer or
insurance carrier, the Bureau of Workers’ Compensation assigns the petition
to a Workers’ Compensation Judge. The case is assigned to a Workers’ Compensation
Judge who hears cases generally in the county in which the employee resides. |
| |
|
| Question: |
What types of petitions are filed with the Bureau of Workers’ Compensation? |
| Answer: |
There are several types of petitions that
are assigned to Workers’ Compensation Judges,
which may include the following:
Claim Petition: a Claim Petition is filed by an
employee who seeks workers’ compensation
benefits for a disputed work injury.
Suspension Petition: a Suspension Petition is
filed by the employer or its insurance carrier,
where it is alleged that the injured employee is
not fully recovered, but has returned to work
without a loss of earnings or is capable of
returning to work without a loss of earnings.
Termination Petition: a Termination Petition is
filed by the employer or its insurance carrier,
where it is alleged that the injured employee is
fully recovered from the work-related injury.
Modification Petition: a Modification Petition
is filed by the employer or its insurance
carrier, where it is alleged that the injured
employee, though not fully recovered, has
returned to work with some loss of earnings, or
is capable of returning to work with some loss
of earnings.
Compromise and Release Petition: Every workers’
compensation settlement must be approved by a
Workers’ Compensation Judge. This petition is
filed by either party to ask a Workers’
Compensation Judge to approve a proposed
settlement. |
| |
|
| Question: |
Do I need an attorney? |
| Answer: |
While there is no requirement that an injured worker retain an attorney
in order to participate in workers’ compensation proceedings, it is certainly
recommended given the complex litigation of workers’ compensation law. |
| |
|
