Workers’ Compensation FAQ

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.

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.

When preparing to file a workers' comp claim, you'll need proper documentation. Start with the policy number and coverage period for your employer's workers' comp insurance. This information is vital for verifying that your injury occurred within the covered timeframe.

If their employer's insurance company approves their application, eligible workers who were injured while on the job can seek compensation for their medical bills, treatment, and rehabilitation, as well as a portion of their wages while they recover from their injury. If a worker is killed due to an injury sustained at work, their family can also receive workers' compensation benefits along with compensation for funeral and burial expenses.

Determining the length of time you will be able to collect benefits depends on the type of benefits you receive. Injured workers may receive benefits based on the type of injury they had on the job, either temporary or long-term.

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.

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 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.

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

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.

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.

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.

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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