PA Workers’ Comp Rights and Responsibilities
Workplace injuries and illnesses can have a huge impact. Rights and responsibilities in PA workers’ comp state law not only affect employees, but also employers. They try to ensure fair treatment, proper care for injured workers, and a safe workplace.
Here, we will look into the rights and responsibilities of employees and their employers. We hope to shed light on the legal framework, obligations, and key considerations for both sides. After a workplace injury, illness, or occupational disease has occurred, injured workers deserve to know what to expect.
Employee Rights and Responsibilities
Right to Workers’ Compensation Benefits
Employees in PA have the right to seek workers’ compensation coverage if they have been injured on the job. This state’s workers’ compensation covers medical expenses, wage replacement, total disability benefits, partial disability benefits, and benefits for specific losses or disfigurement. In PA, the Department of Labor and Industry oversees the workers’ compensation system.
Reporting the Injury
Employees have a duty to promptly report a work-related injury to their employer. Reporting should occur right away, but in no event should it exceed 120 days after the injury.
@thwesq Replying to @Shaun M you should always document and report an injury immediately. Insurance companies look for any reason to deny coverage. #workersrights #workerscomp #workinjury #workinjurylawyer #lawyer ♬ original sound – Tom Wing
Medical Treatment
Injured workers have the right to seek medical care. Employees are covered when treating with an approved healthcare provider under their employer’s workers’ compensation insurance company. For more on this, see “The Pennsylvania Workers’ Compensation Claims Process” under Step 2.
Always adhere to the treatment plan set by the healthcare provider. Follow all restrictions the provider sets, like light duty. Speak to a workers’ comp lawyer if you have questions about where you can treat or if you think your employer violated your restrictions.
Non-Retaliation Rights
Employees have the right to file for workers’ comp benefits without fear of retaliation or firing. Retaliating against an employee for filing a workers’ compensation claim falls under illegal acts in PA.
The Claims Process
Employees should cooperate in the claims process by giving accurate and truthful information. This includes going to medical appointments and in a workplace investigation. Seek help from a lawyer to protect your rights.
Employer Rights and Responsibilities
Safe Workplace
Employers in PA have a legal duty to provide a safe workplace for their employees. This includes complying with safety regulations, having the necessary safety equipment, and offering training to prevent injuries.
Workers’ Comp Insurance
Employers must carry workers’ comp insurance in PA. This helps injured workers by providing things like wage loss benefits and medical care.
Reporting and Investigating
Employers should have procedures in place for workers to report their work injuries. Employers have a duty to investigate all reported incidents and keep accurate documentation.
Non-Retaliation Policy
Employers cannot retaliate against a worker that files for workers’ comp. Retaliation, such as firing or discrimination because of a comp claim falls under an illegal act. Speak to a workers’ comp lawyer right away if you have faced retaliation because of a work injury.
Return-to-Work Process
Employers should ease the return-to-work process for injured workers by offering suitable accommodations or modified duties. They must also follow the medical professional’s restrictions.
Legal Rights and Duties
Both employees and employers should familiarize themselves with the legal guidelines that govern workplace injuries in PA. Knowing these can help with compliance and to protect the rights of both parties.
Workers’ Compensation Act
The Act outlines the rights and responsibilities of employers and employees, regarding workplace injuries and the claim process. Both you and your employer should know these rights and responsibilities.
Statute of Limitations
Most work injuries require the filing of a workers’ comp claim within 3 years of the date of the injury. For uninsured claims, expect a much shorter timeframe. Injuries such as repetitive trauma may have a modified date, such as the last day of work.
If you believe you have a claim, speak to a lawyer as soon as possible. After the end of the statute of limitations date, you have lost all rights to file the claim.
Disputes
Often, workers’ comp claims result in disagreements or disputes. This may lead to hearings and legal proceedings through a workers’ comp judge. In some instances, this could even end up at the Workers’ Comp Appeal Board or in front of the Commonwealth Court.
Final Thoughts
Knowing your rights and responsibilities if a work injury occurs, helps to ensure a fair and safe workplace. With awareness of your duties, both parties can go through the process more smoothly.
This knowledge ensures that injured workers get proper care and support. It also helps to uphold legal requirements and to maintain a productive workplace.
Know your rights. If you have questions about rights and responsibilities, let us answer them. Don’t go it alone. Reach out to our offices 24/7 for a free case evaluation (215) 609-4183.
