Question 1

What is workers’ compensation?

Accepted Answer

Workers’ compensation is a type of business insurance that provides benefits, in the form of wage compensation and/or medical benefits, to employees who were injured in the course and scope of their employment.

Question 2

I was hurt at work. What do I need to do?

Accepted Answer

If you are hurt at work, the first thing you should do is give notice of your injury to your employer. Your employer should then have you complete an accident report, and will send you to their doctors for evaluation. At that point you may begin to receive workers’ compensation benefits.    However, if you do not give notice within 120 days of your injury, you may no longer be entitled to receive workers’ compensation benefits. That’s why it’s so important to give notice to your employer as soon as you know you sustained a work-related injury.

Question 3

What qualifies as a work injury?

Accepted Answer

According to Section 301(c)(1) of the Pennsylvania Workers’ Compensation Act, a work injury is any injury that arises from the course and scope of a workers’ employment. The work injury could also include pre-existing conditions that were aggravated by a person’s job.

Question 4

Will I be fired for sustaining a work injury?

Accepted Answer

No! You should not be fired for sustaining an injury. In fact, in Pennsylvania it’s illegal to fire someone for becoming injured at work. However, since Pennsylvania is an “at will” state, that means that it is possible that your employer may fire you for a reason that is unrelated to your work injury. If you sustained a work-related injury and are concerned about the timing of your termination, you need to speak with an experienced workers’ compensation attorney.

Question 5

What am I entitled to after my work injury?

Accepted Answer

If you are injured at work, then you are able to receive wage loss and/or medical benefits. Your employer will have 21 days after receiving notice of the injury to either accept or deny your claim. If your claim is accepted via either a Notice of Compensation Payable or a Notice of Temporary Compensation Payable, you may then begin to receive wage loss and/or medical benefits.    Wage loss benefits are those paid to you if your work injury results in you being unable to work. Wage loss benefits are calculated based upon your average weekly wage. Typically, your workers’ compensation wage loss benefits are 2/3rds of your average weekly wage.    Medical benefits are the medical expenses required to treat your injury. Your workers’ compensation insurance carrier should be responsible for paying those bills. You will not be required to pay for medical treatment associated with your accepted work injury.

Question 6

How do I file a workers’ compensation claim?

Accepted Answer

If you are injured at work, you should first give notice to your employer. After giving timely notice, your employer will then submit a First Report of Injury to the PA Bureau of Labor and Industry. This will establish a claim in the Workers’ Compensation Automation and Integration System (also known as “WCAIS”).

Question 7

How do I get workers compensation insurance?

Accepted Answer

As an employee, you do not need your own workers’ compensation insurance. Under the law, your employer is supposed to carry worker’s compensation insurance in the event that you are injured at work.

Question 8

How should I inform my employer if I’m injured?

Accepted Answer

Most people tend to give notice to their employers verbally. Please keep in mind that just telling your coworkers may not be enough for the “notice” requirement, as your employer needs to be aware of your work injury. You should tell a direct supervisor in the event you become injured. Under Pennsylvania law, notice to your employer must be given within 120 days of injury.

Question 9

When do I report a workplace injury?

Accepted Answer

You should try to report an injury to your employer immediately. However, we know life doesn’t always work like that. Fortunately, the PA Workers’ Compensation Act provides that you have 120 days to give notice and report your work injury. If you wait past the 120 days to give notice, you may be barred from receiving workers’ compensation benefits.

Question 10

How much time do I have to file a workers’ comp claim?

Accepted Answer

The statute of limitations in Pennsylvania for a workers’ compensation claim is three years from the date of your injury. If you are injured at work, and do not file your claim within three years from the date of your injury, then you will be barred from filing a claim and collecting workers’ compensation benefits.

Question 11

What should I do first if I am injured at work?

Accepted Answer

If you are injured at work, you should immediately tell your supervisor or other person in charge with your employer. Please keep in mind that just telling your coworkers may not be enough for the “notice” requirement, as your employer needs to be aware of your work injury. You should tell a direct supervisor in the event you become injured.

Question 12

What types of payments can I receive for a work injury?

Accepted Answer

Wage loss, medical benefits, and specific loss benefits.

Question 13

How much will I get paid for lost wages?

Accepted Answer

Your wage loss benefits depend upon your average weekly wage. Generally, you can expect your workers’ compensation wage loss benefits to be approximately 66% of your average weekly wage.

Question 14

Should I accept a lump sum settlement?

Accepted Answer

The very legal answer to this question is, “that depends.” Your attorney will want to consider and discuss a number of different things with you when evaluating whether you should settle your workers’ compensation case.  If you have a workers’ compensation injury, and are interested in settling your case, you should contact the attorneys at Cohen, Feeley, Altemose, Berg & McKarski, who can help you determine if settling makes sense for your particular situation.

Question 15

How will taking a light-duty job affect my workers’ compensation payments?

Accepted Answer

Returning to work after you sustain an injury may end up decreasing your wage loss payments. When you are completely out of work for a period of time, you are eligible to receive total disability benefits.  If you return to work, but are unable to work the same full duty job as before, you may be eligible to receive partial disability benefits.

Question 16

How long can you stay on workmans’ compensation?

Accepted Answer

Ideally, you will be able to remain on workers’ compensation indefinitely, as long as you continue to suffer disability from a work injury. However, the insurance companies often try to modify or terminate your workers’ compensation benefits too early. If you have a question about your benefits, you can contact the attorneys at Cohen, Feeley, Altemose, Berg & McKarski for a free consultation.

Question 17

Does workers’ comp pay full salary?

Accepted Answer

No. Your workers’ compensation wage loss benefits are calculated based upon your average weekly wage. Depending upon what your average weekly wage is, you can expect to receive between 66% to 90% of your average weekly wage in compensation.

Question 18

How often do workers comp checks come?

Accepted Answer

This depends upon the insurance carrier and employer. Generally, worker’s compensation checks are to be sent at the same frequency that your paychecks were sent to you when you were working.  Some send checks out every week, and some send them out biweekly.

Question 19

Why can’t I see my own doctor?

Accepted Answer

You can absolutely treat with your own doctor; however, you must initially treat with the insurance carrier’s panel doctors. After 90 days you will be allowed to seek a second opinion and treat with your own physicians.

Question 20

Can I apply for unemployment if the workers compensation insurance company denies my claim?

Accepted Answer

Again, this depends. Unemployment and Workers’ Compensation are two different programs. One pays you while you are in between jobs, and the other pays you after you have been injured while in the course and scope of your employment. If you are not working as a result of your work injury, you should be able to receive workers’ compensation wage loss and medical benefits.  However, if your workers’ compensation claim was denied, you can apply for unemployment to “tide you over” while you litigate your workers’ compensation claim. Just know that, if your claim for workers’ compensation benefits is later approved, Workers’ Compensation will be entitled to a credit for any money that you received from Unemployment.

Question 21

Can I receive a monetary settlement if I am working?

Accepted Answer

Yes.

Question 22

Can I collect workers compensation benefits if the accident was my fault?

Accepted Answer

Generally, yes. As long as you were working within the course and scope of your employment at the time of your injury, then you should still be eligible for workers’ compensation benefits, even if the injury was technically your “fault” (and as long as you were not engaging in specific acts of misconduct). If your injury is denied as being work-related, or due to allegations it was your own fault, you should contact an experienced workers’ compensation attorney to evaluate your case.

Question 23

What is a First Report of Injury form?

Accepted Answer

This is a form that your employer will complete upon being notified of your work injury. This form establishes a claim in the Workers’ Compensation Automation and Integration System (“WCAIS”).

Question 24

What benefits are available under workers’ comp?

Accepted Answer

Wage loss benefits, medical benefits, and specific loss benefits are all available under workers’ compensation, depending upon the injury.

Question 25

What laws govern workers’ compensation?

Accepted Answer

The Pennsylvania Workers’ Compensation Act.

Question 26

Can I file a new claim if I already had a medical condition and an accident makes it worse?

Accepted Answer

Yes. This is known as an aggravation.  If you sustain an aggravation of a pre-existing condition as a result of an injury sustained in the course and scope of your employment, then that aggravation will be considered a work-related injury.

Question 27

How is my average weekly wage determined for my workers’ compensation payments?

Accepted Answer

Your average weekly wage is calculated by looking at the compensation you received in the year prior to your work injury. That year is broken down into four quarters, and the average weekly wage from the highest three quarters is used to determine your average weekly wage. If you had concurrent employment, or did not work for a full year prior to your work injury, then different math will apply.

Question 28

If I’m permanently disabled, can I just get a lump sum instead of weekly payments?

Accepted Answer

Yes, you can always consider settling your workers’ compensation case outright. If you are interested in settling your case, and want to make sure you receive the most favorable settlement possible, please contact the attorneys at Cohen, Feeley, Altemose, Berg & McKarski.

Question 29

What can I do if my employer doesn’t have workers’ compensation insurance?

Accepted Answer

If you sustained a work-related injury but your employer does not have workers’ compensation insurance, you are still entitled to collect workers’ compensation benefits. However, it is much more difficult, as you will need to assert a claim with the Uninsured Employers Guaranty Fund. As a result, you will have more success litigating your case if you hire an experienced workers’ compensation attorney.

Question 30

What do I do if my employer and/or their insurance company denies my claim?

Accepted Answer

Call an experienced workers’ compensation lawyer, who will file a Claim Petition on your behalf. The attorneys at Cohen, Feeley, Altemose, Berg & McKarski have experience fighting these denials, and can help you win your own claim for workers’ compensation benefits.

Workers' Compensation Resources

Workers' Compensation Resources

What You Need To Know

YOU HAVE QUESTIONS. WE HAVE ANSWERS.

Frequently Asked Questions About Workers' Compensation

What is workers’ compensation?

I was hurt at work. What do I need to do?

What qualifies as a work injury?

Will I be fired for sustaining a work injury?

What am I entitled to after my work injury?

How do I file a workers’ compensation claim?

How do I get workers compensation insurance?

How should I inform my employer if I’m injured?

When do I report a workplace injury?

How much time do I have to file a workers’ comp claim?

What should I do first if I am injured at work?

What types of payments can I receive for a work injury?

How much will I get paid for lost wages?

Should I accept a lump sum settlement?

How will taking a light-duty job affect my workers’ compensation payments?

How long can you stay on workmans’ compensation?

Does workers’ comp pay full salary?

How often do workers comp checks come?

Why can’t I see my own doctor?

Can I apply for unemployment if the workers compensation insurance company denies my claim?

Can I receive a monetary settlement if I am working?

Can I collect workers compensation benefits if the accident was my fault?

What is a First Report of Injury form?

What benefits are available under workers’ comp?

What laws govern workers’ compensation?

Can I file a new claim if I already had a medical condition and an accident makes it worse?

How is my average weekly wage determined for my workers’ compensation payments?

If I’m permanently disabled, can I just get a lump sum instead of weekly payments?

What can I do if my employer doesn’t have workers’ compensation insurance?

What do I do if my employer and/or their insurance company denies my claim?

Workers’ Compensation Blogs

Workers’ Compensation Team

Workers' Compensation Resources

Workers' Compensation Resources

What You Need To Know

YOU HAVE QUESTIONS. WE HAVE ANSWERS.

Frequently Asked Questions About Workers' Compensation

What is workers’ compensation?

I was hurt at work. What do I need to do?

What qualifies as a work injury?

Will I be fired for sustaining a work injury?

What am I entitled to after my work injury?

How do I file a workers’ compensation claim?

How do I get workers compensation insurance?

How should I inform my employer if I’m injured?

When do I report a workplace injury?

How much time do I have to file a workers’ comp claim?

What should I do first if I am injured at work?

What types of payments can I receive for a work injury?

How much will I get paid for lost wages?

Should I accept a lump sum settlement?

How will taking a light-duty job affect my workers’ compensation payments?

How long can you stay on workmans’ compensation?

Does workers’ comp pay full salary?

How often do workers comp checks come?

Why can’t I see my own doctor?

Can I apply for unemployment if the workers compensation insurance company denies my claim?

Can I receive a monetary settlement if I am working?

Can I collect workers compensation benefits if the accident was my fault?

What is a First Report of Injury form?

What benefits are available under workers’ comp?

What laws govern workers’ compensation?

Can I file a new claim if I already had a medical condition and an accident makes it worse?

How is my average weekly wage determined for my workers’ compensation payments?

If I’m permanently disabled, can I just get a lump sum instead of weekly payments?

What can I do if my employer doesn’t have workers’ compensation insurance?

What do I do if my employer and/or their insurance company denies my claim?

Workers’ Compensation Blogs

The Basics of Pennsylvania Workers’ Compensation

Independent Medical Exams & How They Can Affect Your Workers’ Compensation Benefits

Workers’ Compensation Team