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We not only know workers’ comp law; we helped write it.
Pond Lehocky Giordano helped write the first pro-worker piece of legislation to become law in more than 30 years. That tells you something about our knowledge of the law and our commitment to workers.
With over 80 years of workers’ compensation experience in Pennsylvania, 20,000+ successful cases, and over $1 billion recovered for our clients, Pond Lehocky Giordano is the workers’ compensation firm you want fighting for you.
The Pennsylvania Workers’ Compensation Act
Originally passed in 1915, the Pennsylvania Workers’ Compensation Act is a statewide, no-fault insurance system of benefits designed to compensate all injured workers for lost wages and medical expenses. It provides compensation for all injuries and occupational diseases that occur during the course and scope of one’s employment.
What does workers’ comp cover?
The PA Workers’ Compensation Act applies to ALL injuries or occupational diseases occurring during the course and scope of employment that are related to that employment. The Act applies to all Pennsylvania injuries and even injuries occurring outside of Pennsylvania under certain circumstances.
Pre-existing conditions and workers’ comp
The Act applies even if you have a pre-existing condition, known or unknown to your employer. If you have a bad back or heart condition and you aggravate, accelerate, or in some way worsen the condition, you are entitled to collect workers’ compensation benefits from your present employer.
Either your own or your employer’s negligence will not prevent you from collecting workers’ compensation benefits. Therefore, if your employer tells you that your claim is being denied because of a pre-existing condition or because your injury was “your own fault,” they are misinterpreting the law and you should seek out a workers’ compensation attorney. It is your absolute right to receive workers’ compensation benefits even if you had a prior condition or were at fault in bringing about your injury.
Is travel to work covered under workers’ compensation?
Generally, if you are injured either on your way to or from work, you are not covered by the Pennsylvania Workers’ Compensation Act. However, if your job requires you to travel, you have no fixed place of employment, or you are under a contract that covers you while on your way to and from work, you may be covered. If you are injured in a parking lot owned or supplied by your employer, you may be covered.
These issues are very “fact specific,” and you need an experienced lawyer to assist you in determining whether you have grounds for a workers’ compensation claim, a civil suit, or both. Please fill out the form above to receive a free case evaluation from one of our attorneys.
Workers’ Compensation FAQ’s
How does workman's comp work?
Workers compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries and illnesses. Benefits include paid medical expenses and compensation for lost wages until a worker can return to work. These benefits are generally paid by the employer’s private insurance company, the State Workers’ Insurance Fund, or the employer itself if it is self-insured.
If you are injured at work, it is extremely important to report your injury to your supervisor or employer IMMEDIATELY after your injury, even if it doesn’t cause you to miss work or seem that bad. When reporting, you must include the date, time, and circumstances of your injury. We suggest that you give that notice in writing. If you develop an occupational illness over time that can be related to your job, you should report it as soon as you receive a doctor’s diagnosis. Injuries must be reported to your supervisor or the person whose job it is to prepare injury reports. By law, you have 120 days to report an injury to your employer. The time begins from the date of your injury, or the date you knew you or should have known of an occupational illness or disease.
As soon as an injury occurs, you should also contact a workers’ compensation attorney to prevent any ramifications. There are many deadlines for specific paperwork. Missing those deadlines or improperly filing the paperwork could jeopardize your benefits. An experienced Pennsylvania workers’ compensation attorney can ensure your rights are protected. There is no fee unless your case is won, and a judge must approve all fees.
How do I file a workers' comp claim?
Your workman’s comp lawyer will help you file a workers’ compensation claim after an injury. Your attorney can ensure that you, your employer, and its insurance company are taking all the proper steps. If all injuries are not listed when you initially file a claim, you may not receive the full benefits you deserve.
How do workers' comp lawyer fees work?
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 never an out-of-pocket cost to you for attorney fees.
How much does workers' comp pay?
Injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the PA Workers’ Compensation Act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum is based on the Department of Labor & Industry’s calculation of the statewide average weekly rate. This graph from the PA Department of Labor & Industry shows the average weekly wage rates from 2019 – 2021.
How long can you receive workers' compensation benefits?
The length of time for which you can receive workers’ compensation benefits in Pennsylvania depends on whether you have a partial disability benefits status or a total disability benefits status. Partial disability benefits status is for a maximum of 500 weeks, which is paid if you can, or do, return to work at a lower-paying job within work-related restrictions, or if you are found not totally disabled. Total disability benefits status applies to injured workers when they are considered totally disabled and unable to work. After 104 weeks of this status, your employer/insurer can require a medical examination to determine if you are at least 35% impaired based upon your work injury. If the 35% threshold is not met, your status can change to partial disability.
What is the average workers' compensation settlement?
The average settlement for our Firm’s work comp clients is $80,000. Note that each case is different, and some clients may be entitled to additional monetary benefits beyond this lump-sum settlement.
List of Pennsylvania Cities that We Serve
Pond Lehocky Giordano’s workers’ compensation lawyers serve every city in Pennsylvania, including, but not limited to:
- Lock Haven
- New Bloomfield
Our Workers’ Compensation Attorneys
Samuel H. Pond
Mr. Pond has concentrated his practice on workers’ compensation litigation since graduating from Temple University School of Law in 1984. He is a founding and managing partner of Pond Lehocky Giordano, the largest workers’ compensation firm in Pennsylvania. Mr. Pond’s advocacy for his clients has resulted in some of the largest settlements in Pennsylvania and the nation.
Jerry M. Lehocky
Mr. Lehocky is a founding partner at Pond Lehocky Giordano. He has been a litigator of workers’ compensation and Social Security since being admitted to practice in 1985. Initially, Mr. Lehocky’s practice involved representing employers and insurance companies. In 1991, he began representing claimants exclusively in the areas of workers’ compensation and Social Security disability.