Understanding Workers’ Compensation Laws in Pennsylvania
What You Should Know About the Rules and Regulations
If you become disabled because of a job-related injury, or if you contracted an illness because of the type of work you do, it is important for you financially to apply for workers’ compensation benefits. There are specific laws that you must abide by when applying for these benefits. A qualified workers’ compensation lawyer can help you understand the workers’ comp laws of Pennsylvania and assist you in settling your case as quickly as possible so you can obtain the benefits you need to recover from your injuries.
Quick Facts About Workers’ Compensation
- Workers’ compensation is mandatory in Pennsylvania.
- Workers’ compensation insurance may be provided by a competitive state fund, a private insurance carrier, or an employer may decide to supply his/her own insurance. Waivers are not accepted.
- The waiting period for compensation after an injury is seven days.
- Compensation is retroactive if the worker’s disability occurs for more than 14 days of the injury.
- An employee who is entitled to workers’ comp benefits will be provided with full medical benefits and there will be no time or financial limits.
- An employee must select his/her initial doctor from a list provided by the employer, but if there is no list provided, the employee may choose his/her doctor of choice.
- Death benefits will be paid to a worker’s spouse, or spouse and children, based upon a percentage of the deceased’s salary. It is subject to a cap. An allowance for the burial is also offered.
- Attorney fees are limited to 20%. In some situations, the attorney’s fee may be added to the award.
If you sustain an injury while at your place of work or while performing your work duties then contact your employer as soon as possible to begin the compensation process. You only have 21 days to report your injury to your employer. Your employer then has only 48 hours to submit a report of First Report of Injury to the Bureau of Workers’ Compensation if a death has resulted, and 10 days to report an injury.
What Happens After You Submit Your Claim?
The insurers will contact your employer within 21 days of their First Report of Injury if your claim is going to be denied. If it is denied you then should contact your workers’ compensation law firm to proceed with a litigation case, which will be your last chance to have your claim approved.
If your claim is not denied, according to workplace injury law, within 21 days of your employers’ submission you will receive either a Notice of Temporary Compensation Payable Form for temporary compensation, or if you are approved you will receive an Agreement of Compensation Form. Properly fill out and file the appropriate form with the bureau, along with your Statement of Wages Form. If you are approved, the workers’ compensation investigation will be extended to 90 days for the bureau to research your case. After you are accepted for compensation you will have to submit more paperwork, which will vary depending on your situation, this can include a statement of wages, notification of suspension or modification to your compensation, statement of compensation paid, and an agreement to stop weekly payments, which is the final step of the workers’ compensation process.
Contact our Philadelphia Workers’ Compensation Law Firm to Discuss Your Needs
Workers’ compensation laws are specific to each state, and it is good to discuss your claim with an attorney who knows and understands these laws. Here at Larry Pitt & Associates, we put our 40 years of experience to work for you, so that you can focus on your recovery. Please call 888-PITT-LAW, or submit our contact form for more information. Larry Pitt & Associates serves clients throughout Berks County, Bucks County, Chester County, Delaware County, Montgomery County and Philadelphia County.