Pennsylvania injured workers who are furloughed or laid off due to the coronavirus pandemic may be eligible for reinstatement of workers’ compensation wage loss benefits. Although the terms furloughed and laid off mean something different in employment law, for purposes of entitlement to workers’ compensation benefits, there is no distinction. Many Pennsylvanians have been laid off or furloughed due to the COVID-19 stay at home orders and business closures ordered by Pennsylvania Governor Tom Wolf. The unemployment rate has skyrocketed to historic numbers throughout Pennsylvania.
Here is the explanation for injured workers out of work due to COVID-19. First, if you were receiving workers’ compensation wage loss benefits for a work injury that happened while working for the employer that furloughed you, you may still be entitled for wage loss benefits. The fact you were furloughed changes nothing. Additionally, if when you were furloughed, you returned to work partially, then you were likely receiving partial wage loss benefits. The fact that you are now furloughed may entitle you to full reinstatement of wage loss benefits.  So, again, if you were receiving total wage loss or partial wage loss benefits and are now furloughed due to COVID-19, call Mooney Law today for a free phone consultation. We will help protect and fight for your rights and benefits.
What if you were back to work at your regular job and you were furloughed? If you workers compensation claim is still open, you may still be eligible for a reinstatement of wage loss benefits. The burden is a bit harder to meet, but certainly not impossible.
Now, I must point out sensitive deadlines for entitlement to wage loss benefits. If you indeed were injured at work prior to being furloughed/laid off, deadlines for reporting work injuries remain a burden for injured workers. To be eligible for wage loss benefits back to the time you began losing time from work due to the injury, you must report the injury to your employer within 20 days. Failure to do so impacts when you are entitled to benefits.  If you fail to report the work injury within 20 days, but before 120 days, then you may be eligible for wage loss benefits from the day you provided notice to your employer that you suffered a work injury. Now the big one. If you fail to report a work injury to your employer within 120 days, your work injury claim will be barred. You will not be eligible for any workers compensation benefits.
Finally, do not depend on your supervisor, HR, or anyone from your employer to advise you of your rights to wage loss benefits. That costs them money. Consult with an experienced, proven, and trusted workers compensation attorney. Call Mooney Law today for a FREE phone consultation at 717-200-HELP or email Attorney Mark Buterbaugh direct at mab@mooney4law.com. We have recovered tens of millions of dollars in benefits for injured workers in Pennsylvania and Maryland.
