A workplace injury creates immediate challenges, causing physical pain and financial strain. While you recover, monthly bills continue. The cost of medical treatments adds to this burden, especially without your usual income. This financial pressure can be as difficult as the injury itself.
The Pennsylvania Workers’ Compensation system offers a financial safety net for those hurt on the job. If you are an employee and suffer an injury while performing your work duties, you may qualify for benefits. These benefits provide crucial wage-loss payments and cover medical expenses during your recovery.
People in Pennsylvania work many different types of jobs. Some are more dangerous than others, but people can be injured in any workplace setting. Most workers injured while working may be entitled to workers’ compensation benefits, which can be very valuable as the injured workers recover from their injuries. However, valid claims are sometimes unfairly denied. Experienced Western Pennsylvania workers’ compensation attorneys understand the importance of these benefits and can help you fight a workers’ compensation denial or maximize your workers’ compensation claim to ensure you receive what you deserve. If you’ve been injured at work, contact Luxenberg Garbett Kelly & George P.C. today at (724) 658-8535 for a free consultation and dedicated legal assistance.
The Financial Impact of a Workplace Injury
In Pennsylvania, a steady income is essential for meeting monthly obligations. In order to earn that income, most people need to have a job and, most importantly, be healthy enough to perform it.
That is why workplace injuries can be so devastating. These injuries can be very severe and result in significant medical treatment, which as people know can be very expensive even if the person has health insurance. Not being able to work also means that the person will not be earning an income and meeting their monthly obligations can become very difficult. Workers’ compensation benefits are designed to help you manage these exact hardships while you recover.
When Is an Employee Eligible for Workers’ Compensation Benefits?
An employee in Western Pennsylvania is eligible for workers’ compensation benefits from the first day of work if they suffer a job-related injury or illness. The employer must carry workers’ compensation insurance, and the injury must be promptly reported. Some exceptions apply for self-inflicted injuries or intoxication.
In Pennsylvania, for an injury to be covered, it must occur “in the course of employment” and have “arisen out of that employment.” This means the incident must not only happen while you are doing your job but also be directly related to your work duties. This standard applies across all professions; while some jobs are inherently more hazardous, a compensable injury can occur in any setting, from a construction site to an office.
Are Injuries That Occur While I Am Working From Home Covered By Workers’ Compensation In Pennsylvania?
Yes, injuries that occur while working from home are generally covered by workers’ compensation in Pennsylvania if the injury happens during the course and scope of employment. The employee must prove the injury occurred while performing work-related duties, and not during personal activities.
What Are the Exceptions to Eligibility?
While most on-the-job injuries are covered, there are a few key exceptions. An employee is generally not eligible for benefits if:
- The injury was intentionally self-inflicted.
- The employee was intoxicated at the time, and the injury was a direct result of the intoxication.
- The injury was caused by another person for reasons of personal animosity, unrelated to the employment.
- The injury occurred in a work vehicle, but during a time when the employee was not working.
How Long Do I Have to Report a Work Injury in Pennsylvania?
In Pennsylvania, you must inform your employer about a work-related injury within a specific timeframe to protect your right to benefits. The Pennsylvania Workers’ Compensation Act requires that you provide notice of your injury to your employer within 120 days from the date the injury occurred. If you fail to report the injury within this 120-day period, you may lose your eligibility for workers’ compensation benefits.
The notification does not have to be in writing, but providing a written notice is a good practice for your records. You should report the injury to a supervisor, manager, or someone in human resources. When you give notice, include the date and time of the injury and a brief description of how it happened.
It is important to distinguish between reporting the injury to your employer and filing a claim for benefits. While the initial report must happen within 120 days, there is a separate deadline for filing a formal workers’ compensation claim petition. Under Pennsylvania law, you have three years from the date of the injury to file a claim. If you miss this three-year statute of limitations, your claim will be barred, regardless of when you notified your employer. Acting promptly after an injury is critical.
What Are Specific Loss Benefits and When Can You Claim Them?
Specific loss benefits under the Pennsylvania Workers’ Compensation Act are intended to compensate workers for the permanent loss of function in certain body parts, such as limbs, fingers, and toes, as well as for the loss of hearing or sight. These benefits are also applicable in cases of serious and permanent disfigurement of the head, face, or neck.
To claim specific loss benefits, the injury must directly result in the permanent loss or permanent loss of use of the body part specified. This includes situations where the body part has been amputated or where its function is permanently impaired, even if other body parts compensate for the loss. The key criterion is that the loss must be definitive and recognized by medical assessments as permanent.
The claim for specific loss benefits can be initiated as soon as the nature and extent of the permanent injury are medically confirmed. In Pennsylvania, these benefits are calculated based on a pre-determined schedule that specifies the amount of compensation for the loss of each specific body part. These payments are made regardless of the injured worker’s ability to return to work and are in addition to any other workers’ compensation benefits the worker may be receiving for related medical treatment or wage loss.
Workers who have sustained permanent injuries should file their claims promptly to avoid delays that could affect the timeliness of benefits and complicate the claims process. Timely filing is crucial, as medical evidence confirming the permanency of the injury plays a key role in securing specific loss benefits. Seeking legal guidance can be beneficial in meeting all procedural requirements and managing the claim effectively
Specific Loss Benefits are separate from wage-loss benefits and medical benefits. They are awarded regardless of whether the worker loses time from work. If you believe you qualify for these benefits, it is important to file a claim within the time limits set by Pennsylvania law, which is typically within three years from the date of the injury. Contact Luxenberg Garbett Kelly & George P.C. today at (724) 658-8535 for guidance in navigating the claims process.
| Aspect | Details |
|---|---|
| Definition | Benefits for the permanent loss of function in certain body parts, such as limbs, fingers, toes, hearing, or sight. |
| Eligibility Criteria | Permanent loss or loss of use of the specified body part, confirmed by medical assessment. |
| Calculation Method | Based on a pre-determined schedule under Pennsylvania Workers’ Compensation Act. |
| Additional Benefits | Paid regardless of the ability to return to work and in addition to wage-loss or medical benefits. |
| Filing Deadline | Claims must be filed within three years from the date of injury. |
| Key Requirement | Medical evidence confirming the permanency of the injury is crucial for filing a claim. |
