A workplace injury can leave you unsure of how you will earn money and support yourself and your family. While workers’ compensation exists to help injured workers cover the costs associated with this injury, issues may arise in certain situations.
You should focus on your recovery and let us handle the legal process. With our help, you can feel confident we are working diligently to help you secure the benefits you deserve.
Who Is Eligible for Workers’ Compensation Benefits?
Most workers in Pennsylvania qualify for some type of workers’ compensation. It is available for those who are injured at work and provides wage loss and medical benefits.
However, some do not qualify for these benefits, including:
- Casual laborers
- Federal workers
- Longshoremen
- Agriculture laborers
- Volunteers
- Domestic-based workers
- Sole proprietors
- Railroad workers
If you work in one of these industries, the Federal Employee Compensation Act may cover you. As a domestic worker, you can purchase workers’ compensation insurance at your expense.
While true, there are limits on the workers’ comp benefits you can receive.
Workers Compensation Law in Pennsylvania
According to the state’s workers’ compensation law, employees can receive benefits regardless of how the injuries occurred. Workers must report the incident to their employer immediately when an injury occurs and seek medical attention.
The state imposes a 120-day time limit regarding reporting the incident to your employer. If this time limit passes, you may lose your right to benefits, so you must act quickly.
Common Injuries Seen in Workers’ Compensation Claims
Any job in any industry has the potential to be dangerous and lead to injuries. According to information from the Pennsylvania Department of Labor and Industry, the most common types of work-related claims filed involve the knees and lower back, and the most common injuries are sprains and strains.
While true, there are other common injuries, too. Examples include:
- Lacerations
- Occupational illness
- Cuts
- Fractures
- Puncture wounds
- Dismemberment
The Process to File a Hanover Workers’ Compensation Claim
You cannot receive workers’ compensation benefits until a claim is filed. This must be done by you (the employee) or your employer.
As mentioned, you have 120 days to file a claim. Once filed, it must be denied or accepted within 21 days. Be sure to let your employer know about your accident and injury immediately. This will ensure you can file the needed paperwork to begin the process.
Understanding Claim Denials
Applying for workers’ compensation benefits can be confusing and complex. However, the situation may get worse if your claim is denied.
Your workers’ compensation claim in Hanover may be denied for several reasons. Examples include:
- Insufficient medical evidence
- Exceeding the time limit
- Intoxication (at the time of the accident)
- Insufficient information
- Intentional injuries
If your claim is denied, it may result in financial hardships for you and your family. While true, you have the right to appeal this denial.
If you are in this situation, we can help. We understand how to navigate the appeals process to help you secure the benefits you are entitled to.
Lost Wage Benefits
You may receive two-thirds of your average weekly income if you cannot perform your job duties. Other earnings like Social Security, unemployment comp, or severance pay can offset the pay.
The State Workers’ Insurance Fund or a private insurance company pays the benefits. Workers can only receive wage-loss payments after they have been disabled for over seven days. They will receive their first compensation day on the eighth day they are disabled.
If you are disabled for over 14 calendar days, you can receive compensation for the initial seven days of your disability. When you report your injury immediately, you can receive your check within three weeks of your accident and injury.
Also, if you experience permanent loss of a body function (loss of hearing, movement of an appendage, etc.), you can receive additional compensation depending on how severe the loss is.
Besides knowing what you can receive as benefits, it is also helpful to know how these benefits may end. For example, benefits are discontinued if you go back to work and get the same pay rate you did before the injury. Also, if your employer or the insurance company evaluates your claim and decides it is unacceptable, you will not receive any more compensation.
Understanding Your Right to Workers’ Compensation Benefits
At Mooney Law, we believe injured workers deserve compensation. If you are dealing with a work injury claim, we are here to help. Contact our office to schedule a consultation to discuss your situation.