Workers’ Compensation FAQ

The short answer is no. Workers receive workers’ compensation benefits because they are injured and unable to perform their usual job duties. If you are physically capable of working a second job, then it may be determined that you are able to return to your current job or capable of finding employment somewhere else.

A workers’ compensation lawyer can help you through every step of the process. Ideally, you should contact a workers’ compensation attorney as soon as an injury occurs to prevent any ramifications. By law, you have 120 days to report an injury to your employer.

If you are injured at work or develop a work-related illness, you may have the right to workers’ compensation benefits. Workers’ comp is a government-mandated program that covers your medical expenses and a portion of your lost wages when you cannot work because of an on-the-job accident or illness.

The litigation process for serious work-related injuries or illnesses generally requires legal representation. If you are injured or have contracted a work-related illness and believe you have been treated unfairly, contacting a Pennsylvania workers’ compensation attorney is in your best interest. Even if you think you’re able to handle a situation on your own, a lawyer is there to help you 100 percent throughout your case and receives no payment until your case is won.

It is possible to receive Social Security disability and workers’ compensation benefits at the same time. However, workers’ compensation and other public disability benefits may reduce Social Security disability benefits.

Workers’ compensation benefits in Pennsylvania are not taxable income. For federal income tax purposes, benefits awarded under a workers’ compensation act or statute due to work-related sickness or injury are fully exempt from tax.

There are many types of workers’ compensation claims and the process is complicated. We will help you decide on the right petition for your circumstance and file your claim successfully.

In general, an employee with a work-related injury or illness can get workers’ compensation benefits regardless of who was the one at fault, whether that’s the employee, the employer, a customer or a third party.

It is extremely important that you report your injury to your supervisor or employer IMMEDIATELY after your injury, even if the injury doesn’t cause you to miss work or seem that bad. When reporting, you must include the date, time and circumstances of your injury.

Any employee injured at work in the state of Pennsylvania is covered under the Pennsylvania Workers’ Compensation Act. It doesn’t matter if your job is part-time or seasonal in nature. The Workers’ Compensation Act applies to ALL injuries or occupational diseases that occur during the course and scope of employment that are related to that employment.

If you get hurt on the job, you are entitled to appropriate compensation for your injuries

In order to be approved for SSDI, you will need to demonstrate that your disability is expected to last at least one year or be life ending. You will also need to demonstrate that you are unable to perform any substantial gainful activity, meaning that you cannot work eight hours per day, five days per week on a consistent basis.

Supplemental Security Income (SSI) is a program for individuals whose health impairments prevent them from working.

The SSI program has strict limits on the amount of income and assets you can have and still be eligible.

If you are receiving Social Security Disability benefits, you can attempt to return to work without fear of losing your benefits immediately. The Social Security Administration allows you nine (9) trial work months during any five-year period.

If you have suffered an injury or medical condition that prevents you from working for an indefinite period, you may be eligible to cancel any student loans you have.

Clients must be mindful of what they post on their social media accounts. The information posted on social media sites is not always private or privileged. Pictures and comments can be taken out of context and turn a perfectly fine situation on its head.

No, you cannot be fired. It is against the law for employers to fire workers simply because they have filed a Pennsylvania workers’ compensation claim. It is rare for an employer to make the mistake of telling an employee that they are being fired due to a workers’ compensation claim. Most employers are aware that this would likely lead to an employment discrimination lawsuit.

It is possible to receive Social Security disability and workers’ compensation benefits at the same time. However, workers’ compensation and other public disability benefits may reduce Social Security disability benefits.

If your employer requires you to treat with their panel physician for 90 days, 3 requirements MUST be met.

The statute of limitations refers to the length of time you have to file a workers’ compensation claim. In Pennsylvania, the statute of limitations for workers’ compensation claims is three years from the date of injury.

Workers’ compensation cases, like most personal injury cases, are generally handled on a contingency fee basis. This means many attorneys handle cases for a percentage of the lump sum offered to settle the case. They don’t get paid unless and until you win your case.

There is no fee until you win! Our number one goal is to obtain a favorable result on your behalf, and therefore there is no fee unless our Social Security disability lawyers are successful in obtaining benefits for you.

It is possible to receive Social Security disability and workers’ compensation benefits at the same time. However, workers’ compensation and other public disability benefits may reduce Social Security disability benefits.

If your employer requires you to treat with their panel physician for 90 days, 3 requirements MUST be met.

An employer can hire a vocational counselor to show you are capable of performing some type of work even though you are injured. Your employer can use the opinions of the vocational counselor to suspend or reduce your workers’ compensation benefits.

Clients must be mindful of what they post on their social media accounts. The information posted on social media sites is not always private or privileged. Pictures and comments can be taken out of context and turn a perfectly fine situation on its head.

A pre-existing condition will not prevent you from getting workers’ compensation benefits in Pennsylvania. Under the Pennsylvania Workers’ Compensation Act, even if you had a pre-existing problem, such as arthritis, you may receive benefits if you can show that an aggravation, re-activation or acceleration of the condition resulted from your job duties or the work incident. As soon as you receive a written diagnosis from your doctor, report your work injury.

Unfortunately, yes. Under the Pennsylvania Workers’ Compensation Act, your employer may file a petition to terminate your workers’ compensation benefits. In order to succeed, your employer must show that you are no longer disabled or that any remaining disability is unrelated to the work injury.

No, you cannot be fired. It is against the law for employers to fire workers simply because they have filed a Pennsylvania workers’ compensation claim. It is rare for an employer to make the mistake of telling an employee that they are being fired due to a workers’ compensation claim. Most employers are aware that this would likely lead to an employment discrimination lawsuit.

The litigation process for serious work-related injuries or illnesses generally requires legal representation. If you are injured or have contracted a work-related illness and believe you have been treated unfairly, contacting a Pennsylvania workers’ compensation attorney is in your best interest. Even if you think you’re able to handle a situation on your own, a lawyer is there to help you 100 percent throughout your case and receives no payment until your case is won.

Workers’ compensation cases, like most personal injury cases, are generally handled on a contingency fee basis. This means many attorneys handle cases for a percentage of the lump sum offered to settle the case. They don’t get paid unless and until you win your case.

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Most minor to moderate injury cases are settled with a lump-sum payment—a type of settlement that offers one large amount to the injured worker rather than weekly payments for lost wages. You can also negotiate a lump-sum settlement rather than continuing to receive weekly permanent disability payments.

If you are receiving Pennsylvania workers’ compensation benefits, your employer or its insurance company may require you to attend a medical examination with a doctor of its choosing. This exam is similar to an Independent Medical Examination, but its purpose is to try and limit your workers’ compensation benefits.

To qualify for SSDI benefits, you must either be out of work or earning less than $1,320 per month in gross wages because of your medical conditions.

Obtaining Social Security disability benefits can be a long, confusing, and tedious process. It typically takes anywhere from 6 to 24 months.

Social Security Disability Insurance (SSDI) is a program for individuals whose health impairments prevent them from working.

Both SSDI and SSI are programs for disabled individuals. However, the key difference is that SSDI benefits are available to individuals who have accumulated a sufficient number of work credits (through paying taxes), while SSI disability benefits are available to individuals with low income and assets who haven’t earned enough work credits to qualify for SSDI.

The Social Security definition of disability is based on your inability to work for a long period of time.

Anyone who is out of work because of any medical condition should consider applying for SSDI. However, there are certain requirements for eligibility.