How Does Workers’ Comp Work in PA?

Workers’ compensation ensures employees receive financial support and medical care in cases of work-related injuries or illnesses. This blog post aims to explain how workers’ comp works under the Pennsylvania Workers’ Compensation Act. We will only focus on PA workers’ compensation laws here.

Understanding Workers’ Compensation in Pennsylvania

What is Workers’ Compensation?

Workers’ comp is a state-mandated insurance program, designed to protect employees. These protections cover employees with injuries and illness caused by their work.

In PA, the Pennsylvania Bureau of Labor and Industry administers workers’ comp. This program helps employees get compensation for their medical expenses and lost wages. It also protects employers from lawsuits related to workplace injuries.

Am I Covered?

PA requires nearly all employers to provide workers’ comp coverage to their employees. This includes both private and public sector employers. However, some exceptions exist, such as sole proprietors and certain agricultural workers.

Types of Injuries Covered

PA workers’ compensation covers a broad range of work-related injuries and illnesses. This includes accidents like slips and falls. It also covers conditions that develop over time, such as repetitive stress injuries or occupational diseases.

The Workers’ Compensation Claim Process

Reporting an Injury

When an employee suffers an injury or work-related illness, they should promptly report the injury to their employer.

Reporting must occur within 21 days of the injury or diagnosis to qualify for retroactive back pay. If the employee fails to report the injury within 120 days, they lose all entitlement.

This means the end of the workers’ comp claim and the employee will not qualify for any workers’ comp benefits. Reporting ensures that the claims process can begin in a timely manner.

Seeking Medical Treatment

Workers’ comp covers all reasonable and necessary medical expenses related to the work-related injury or illness. Employees have the right to choose their own healthcare provider.

But, there can be limitations within the first 90 days of a claim. Often, that would necessitate an employee to receive medical treatment through an employer’s approved panel of doctors. The panel may allow the injured worker to seek medical treatment without delay.

Filing a Claim

When loss of work from an injury exceeds/expects to exceed more than 7 days, the employer must file a formal workers’ compensation claim. The Pennsylvania Bureau of Workers’ Compensation receives this notification. The employee receives notification and the claims process begins.

Investigation

Once filed, the employer or its insurance company will investigate the claim and the circumstances surrounding the injury. Interviews of both the employer and the injured employee may happen during this process.

With an accepted claim, the injured employee will receive compensation and notice in the mail. With a denied claim, the injured worker would need to file the appropriate petition.

Benefits

Workers’ comp benefits include medical benefits, wage loss benefits, and specific loss benefits.

Medical benefits cover all reasonable and necessary medical expenses related to the injury or illness. Wage loss benefits provide compensation for lost wages during the recovery period. Temporary Total Disability (TTD) benefits also refer to wage loss benefits.

When an injured worker has wage loss, while continuing to work, Temporary Partial Disability (PTD) benefits would apply. Specific loss benefits provide for permanent disfigurement or loss of use or loss of a body part.

Legal Aspects of Workers’ Comp in PA

Employer Responsibilities

Employers have several responsibilities in workers’ compensation.

They must carry proper insurance coverage. They must post notices about workers’ comp in an obvious location.

They must accept or deny liability within 21 days of the injury. They must send written notice of the claim’s acceptance or denial to the injured worker.

Injured employees should not fear reporting their injuries. Employers also cannot retaliate against employees for filing a workers’ compensation claim.

Employee Rights

Employees have certain rights in workers’ compensation in PA.

They have the right to receive medical treatment for their work-related injuries. They have the right to receive wage loss benefits if they are unable to work or are working at a wage loss. They have the right to appeal decisions on denied claims.

Employees should understand their rights and exercise these rights to protect their interests.

Dispute Resolution

Disagreements can arise during the workers’ comp process. With a denied claim, an employee can request a hearing before a workers’ compensation judge. This allows both parties to present evidence and arguments, and the judge will make a decision.

The Workers’ Compensation Appeal Board and the Commonwealth Court, if necessary, hear appeals.

Attorney Involvement

An attorney, though not required, can add serious benefit. When complex cases and claim disputes arise, a workers’ comp attorney knows what to do.

Lawyers can provide legal guidance and protect the rights of the injured worker. They can calculate the average weekly wage, making sure injured workers receive the compensation they deserve.

Attorneys can protect the injured workers, making sure they do not return to work until medically able. They can make sure the notice of compensation payable lists all injuries include.  Lawyers can also make sure your medical bills do not end up on your credit report.

Questions and Concerns

Will My Employer Fire Me for Filing a Workers’ Comp Claim?

PA law prohibits employers from firing or retaliating against employees for filing workers’ compensation claims. If an employee faces such retaliation, they have the right to take legal action.

How Long Can Workers’ Comp Benefits Last?

The duration of workers’ compensation benefits in PA varies depending on the circumstances of the injury or illness. Temporary Total Disability (TTD) benefits may be available as long as the employee remains unable to work. Other benefits may have different durations.

Can I Choose My Doctor?

Employees have the right to choose their own healthcare provider, from the list of approved providers, within the first 90 days of a claim. However, the employer must follow all its obligations for this to apply. After the initial 90 days an employee can treat with any medical provider. This allows injured workers to receive treatment from a trusted medical professional.

Will Workers’ Comp Offer a Settlement?

Many workers’ comp cases settle for a lump sum. A lawyer can often help to negotiate a higher settlement. Use our free settlement calculator to estimate the value of your case online.

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Conclusion

Workers’ comp helps employees receive financial support and medical care after an injury or illness caused by their work.

Understanding how workers’ comp works in PA is essential for both employers and employees. This upholds everyone’s rights and responsibilities under the program.

Talk to a workers’ comp lawyer today for a free case evaluation. Let us answer your questions about your rights in your workers’ compensation claim.