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Workers' Compensation

Each year millions of employees are injured or killed in work-related accidents. If you are injured on the job or develop an occupational disease you may be eligible to receive workers' compensation benefits.

In Pennsylvania, workers' compensation pays for medical expenses and also provides wage loss compensation benefits. Death benefits are paid to dependents for work-related deaths. In return the employee gives up the right to sue his or her employer, although it is still possible to sue third parties. If the suit is successful, the employee must pay his or her employer or the insurance company for any compensation received.

Almost all Pennsylvania employees are covered by workers' compensation beginning on their date of hire. Federal civilian employees, railroad workers, longshoremen and shipyard and harbor workers are covered under other compensation laws. Some groups of employees, including volunteer workers, domestics, agricultural workers, casual employees and those granted a personal religious exemption, may be exempt from workers' compensation coverage.

Employees and their dependents are automatically disqualified from receiving benefits if the injury or death is intentionally self-inflicted or if the injury or death is caused by an illegal act, including illegal drug use.

There are two types of disability benefits - partial disability and total disability. According to the Pennsylvania Bureau of Workers' Compensation, partial disability benefits are available for up to 500 weeks and are paid if the employee can return to work at a lower paying job with work-related restrictions, or if the employee is not totally disabled. 

Total disability payments are available to an employee for the period during which he or she is unable to work due to his or her injuries. After two years the employer or the insurance company can require employees to undergo a medical examination to determine if the employees' status should change to partial disability.

In Pennsylvania, wage-loss benefits are equal to about two-thirds of the employees average weekly wage, up to a weekly maximum. These benefits can be offset for 50% of Social Security benefits, the employer-paid portion of a retirement pension, severance pay, unemployment compensation or any earnings the employee receives while on workers' compensation.

According to the Pennsylvania Bureau of Workers' Compensation, the minimum compensation rate is "the lower of 90% of the employees' average weekly wage or 50% of the statewide average weekly wage."

As soon as an injury occurs (or as soon as the employee is aware of an occupational disease) the employee should notify his or her supervisor. Failure to do so may result in the denial of the claim. Notice of an injury should be given within 21 days of the injury. If a request for workers' compensation is denied, the employee has three years from the date of the injury to file a claim.

Workers' compensation laws are complex and can vary depending on the circumstances. Therefore it is important to speak to an experienced attorney who can discuss all the options with you and make sure you receive the compensation you deserve. Contact us today for a free consultation.