Injured on the Job? We are here to help!
If you or someone you know has been injured on the job, it is imperative that the injured party obtain an attorney in order to ensure that all their rights are protected. The Pennsylvania Worker’s Compensation Act allows for employees who are injured on the job to collect damages from their employer’s workers’ compensation insurance. Collecting workers’ compensation through an employer can often be a difficult and long process which is why obtaining an experienced attorney is essential to guaranteeing a the best possible outcome.
Worker’s Compensation in the State of Pennsylvania: Important Facts to Know.
Do I Qualify as an Employee under Pennsylvania’s Worker’s Compensation?
It is important to note that all federal employees railroad workers, longshoremen, harbor workers, volunteers, independent contractors, and domestic workers are not covered under PA’s Workers’ Compensation Act. However, any employee working part-time, seasonally, and full-time would be covered under the Pennsylvania’s Workers’ Compensation Act. If you believe you fall under one of the accepted categories, obtaining the assistance of an attorney is strongly recommended.
Important Deadlines to Consider
- Any injured employee MUST give notice of their work-related injured to their employer within 21 days of their injury and after 120 days, the claim is time-barred
- On or after the 7th day of the injury, the employer and employee can agree upon compensation
- The employee will have 3 years to file a claim petition seeking benefits for their work-related injury
How Does an Injury Qualify Under Worker’s Compensation?
In order for an injury to be covered under workers’ compensation, the injury must have occurred while the employee was working “within the scope of his employment” and the type of injury must have been so severe that it required more than first aid care. Minor injuries such as scratches, minor cuts or wounds are generally not covered under the Act.
Types of Benefits an Employee can Receive Under Worker’s Compensation
Medical Benefits– The injured party’s employer is required to cover all necessary medical treatment related to your workplace injury. Such medical treatment includes: doctor visits, physical therapy, medicine, and surgery.
Wage Loss Benefits for Total Disability- If the injured party cannot work due to a work-place injury, he/she may be eligible for compensation. Benefits for total disability are 66.67% of the average weekly wage. As of January 1st 2017, the maximum benefit an employer can receive is $995 per week.
Wage Loss Benefits for Partial Disability- If the injured party is still able to work but are earning less income due to their injury (working less hours, different type of job activity etc..) , he/she may qualify for benefits. These benefits are 2/3 of the difference in wages and cannot continue past 500 weeks.
Specific Loss Awards– The injured party may be entitled to this type of award if they are left with a permanent disability due to their work-related injury. Generally, these types of awards are distributed in the form of monetary lump sum payments to compensate for the permanent impairment of the injured part of the body (hand, foot, leg, etc.). The award is calculated by multiplying 2/3 of the average weekly wage by the number of weeks assigned to the body part in a state schedule.
Who Can Assist Me in Filing My Workers Compensation Claim?
The Law Office of Vincent J. Caputo is ready to help you through this process. Please contact us with any question about your or a loved ones work-place injury. We understand that such events can often be a very troubling event for all individuals involved and that is why we will work with you every step of the way in achieving the best possible outcome for you!