Workers’ Compensation Questions
Do you know the first step you should take when you’re injured at work?
Workers’ compensation laws protect people who are injured on the job. In the legal world, understanding the complexity of legal jargon and terminology can really throw you through a loophole, especially when faced with a legal predicament. Whether you’re just looking to educate yourself on your rights as a working American or stuck in a tricky legal battle, you shouldn’t have to face the stresses of learning a whole dictionary of workers’ compensations terms which could make or break your case.
As a citizen, it is imperative to familiarize yourself with the system of workers’ compensation. As an employee in the United States, you probably have some questions pertaining to whether or not you’re eligible to receive workers’ compensation and which situations would entail you to receive compensation. If you thought a pre-existing condition, or any injury where you were the one at fault, would prevent you from receiving workers’ compensation, read on!
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 the employee, the employer, a customer, or a third party.
Workers’ compensation benefits in Pennsylvania are not considered taxable income. For federal income tax purposes, workers’ compensation awarded under a workers’ compensation act or statute due to work-related sickness or injury are fully exempt from tax.
If you are receiving PA workers’ compensation benefits, your employer or its insurance company may require you to attend a medical examination with a doctor of its own choosing. This exam is similar to an Independent Medical Examination, but its purpose is to try and limit your workers’ compensation benefits.
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.
Is It Possible for You to Receive a Lump-Sum Settlement If You Are Found to Be Permanently and Totally Disabled from Further Gainful Employment?
Most minor to moderate injury cases are settled with a lump-sum payment to the injured party, or a type of settlement that offers one large amount rather than weekly payments for lost wages. You can also negotiate a lump sum settlement rather than continuing to receive weekly permanent disability payments.
This depends. If your employer posts the names of at least six doctors in your workplace and requires you to sign a Panel Acknowledgment stating that you will treat with these doctors, you must do so for 90 days.
Serious work-related injuries or illnesses and the litigation process are all situations that generally require legal representation. If you are injured, or have contracted a work-related illness, or 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% through your case and receives no payment until your case is won.
We encourage all clients to 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 can turn a perfectly fine situation on its head. Photos that you are tagged in may be visible publicly, and all your social networking sites should be set to private.
Unfortunately, yes. Under the Pennsylvania Workers’ Compensation Act, your employer may file a petition to terminate your right to workers’ compensation benefits, if it can show that you are no longer disabled or that any remaining disability is unrelated to the injury.
No you cannot. It is against the law for an employer 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, because most employers are aware that this would likely lead to an employment discrimination lawsuit.
Any employee who was injured in the state of Pennsylvania is covered under the Pennsylvania Workers’ Compensation Act, and 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 occurring during the course and scope of employment and which are related to that employment.
An employer can hire a vocational counselor to show that 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
How Do You Pay for a Pennsylvania Workers’ Compensation Attorney to Represent You in a Workers’ Compensation Claim in PA?
Workers’ compensation cases, like most personal injury cases, are generally handled on a contingency fee basis, which means that many attorneys handle workers’ compensation cases for a percentage of the lump sum offered to settle the case.
What Is the Statute of Limitations Regarding the Filing of a Workers’ Compensation Claim in Pennsylvania?
The statute of limitations refers to the length of time you have to formally file a workers’ compensation claim. In Pennsylvania, the statute of limitations for workers’ compensation claims is three years from the date of injury.
A workers’ compensation lawyer can help you through every step of the process. Ideally, as soon as an injury occurs, you should contact a workers’ compensation attorney to prevent any ramifications. By law, you have 120 days to report an injury to your employer.
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 that you are capable of finding employment somewhere else.