Why Philadelphia Workers’ Compensation Claims Can Become Complex

Workers’ compensation is a complex area of the law. It can also be confusing for an injured worker.  If you work and live in Pennsylvania, you are entitled to receive benefits under the umbrella of the Workers’ Compensation Act. Injured Pennsylvania workers may receive benefits for permanent or temporary disability and medical costs.

While Pennsylvania workers’ compensation can be complicated and baffling to an injured worker, many claims that are filed are settled with a percentage of disability award. An example is a sewer line replacement crew member who injures his foot while jackhammering a basement floor, requiring reconstructive surgery.

Although workers may return to work, they may settle for 40 percent for permanent partial disability or a lump sum paid over time. Settlements are awarded on the loss of function for the worker’s duties or non-work life. A 40 percent permanent partial disability award means the employee has a workers’ compensation loss of function of 40 percent.

Each injury is different, as is each workers’ compensation claim and the outcome for the injured worker.  Each settlement or payment is different. While the workers’ compensation rules are complex, an experienced Pennsylvania workers’ compensation lawyer can make a significant difference in the outcome.

There are many misconceptions and misunderstandings about filing a workers’ compensation claim in Pennsylvania. An injured worker may worried that filing a claim means they may lose their job or face retribution. The law protects an injured worker from such actions. At MyPhillyLawyer, we thoroughly evaluate your case and advise you on the best way to obtain workers’ compensation benefits.

What is Included in Workers’ Compensation in Pennsylvania

Pennsylvania Workers’ Compensation provides benefits for workers hurt on the job. Benefits include:

• Permanent partial benefits
• Permanent total benefits
• Temporary total benefits
• Death benefits
• Medical benefits

An injured worker may file a third-party lawsuit depending on the circumstances of the accident. Each accident and case is different, which is why it’s best to consult with an experienced workers’ compensation attorney.  

What To Do If You’re Injured In a Philly Workplace Accident

Make sure to inform a manager, supervisor, or both as soon as possible. Do not delay. Find someone in authority to report the accident, and do not assume that just because you told a co-worker, you are covered. The time limit to notify an employer in Pennsylvania is within 48 hours of a deadly injury but not later than 10 days after the date of an injury for all other injuries. File a workers’ compensation claim as quickly as possible.

There is a difference between notifying an employer of an injury and filing a claim. Notification of an injury must be done quickly. Filing a claim can take longer.

Filing a worker’s compensation form is the most important part of submitting a claim. Make sure to outline what job you are performing clearly and fully describe any injuries. Include your full name, and add as much detail as possible, adding when, where, and how the injury happened.

Include the names of anyone else involved in the accident. It is best if there is a paper trail for every step of the process, from injury to receiving benefits. This provides a complete, detailed, and accurate record of the accident, of filing a claim, and anything else you had to do to apply and receive benefits. It also helps your MyPhillyLawyer Philadelphia worker’s compensation lawyer assist you in obtaining fair and equitable workers’ compensation.

If you are required to see a doctor working for the company, do so. Or if you have the option to see your own doctor, you may, but it is likely you would pay for the visits. You must see a company doctor if required, or your workers’ compensation claim can be denied.

Filing a workers’ compensation claim in Pennsylvania can be complicated, and at MyPhillyLawyer, we understand that. We are here to help you explain your legal rights, assist you with gathering the documents you need, explain what they mean, advise you on what information you need to submit your claim and help you seek the compensation you deserve.

If at any time an injured worker is not clear on how workers’ compensation awards work, how to apply for them, what proof is required, or what medical records are required, reach out and talk to our workers’ compensation attorneys at MyPhillyLawyer. We have decades of experience helping injured workers.

Once a claim is filed, the employer may then avail themselves of several defenses allowed by law. For example an employer must provide proof of any instance where a worker was repeatedly warned for not complying with rules and/or failed to use equipment properly.

An employer may use the following defenses:

• Being inebriated while at work
• Being under the influence of drugs
• Not using employer-provided protective gear/devices
• An injury was self-inflicted
• A self-inflicted injury.
• Worker deliberately did not adhere to required workplace norms and rules  

Workers’ Compensation Statute of Limitations in Pennsylvania

An injured worker in Pennsylvania must file a workers’ comp claim three years from the date of the injury. While that may seem like a long time, it can take many months for injury evaluation and discovery, as not all injuries show up at the same time.

Although the statute of limitations in Pennsylvania seems to be a long time, do not wait to file a claim. File it quickly or you run the risk of it being denied as the claim ages.

Contact MyPhillyLawyer About Your Workers’ Compensation Claim

A work accident takes a physical and financial toll on workers and their families. There are costly medical bills, worry over lost income, unpaid bills piling up and fear for the future outcome.  

We have a wealth of professional resources and decades of experience in work accident claims, personal injury claims, and handling workers’ compensation claims. Our Philadelphia workers’ compensation attorneys give injured workers statewide the legal clout they need to overcome their challenging injuries.

If you suffered a workplace injury, and are seeking to file a workers’ compensation claim contact MyPhillyLawyer in Philadelphia today for a no-cost consultation to discuss your legal rights and options. Call 215-227-2727.