PHILADELPHIA WORKERS’ COMPENSATION LAWYERS REVIEW PENNSYLVANIA WORKERS’ COMPENSATION PROCESS
Federal and state laws exist to protect people who are injured at work. However, the Pennsylvania Workers’ Compensation process of filing a claim can be extremely complex, and any mistake can result in a delay or even denial of benefits. For this reason, it is best to seek the assistance of a reputable attorney with extensive knowledge of the types of benefits injured Philadelphia workers are entitled to under the law. Philadelphia Workers’ Compensation law firm of Mulvey-Budney Law, P.C. is dedicated to helping individuals sort out the myriad of details involved in achieving a successful outcome in a Workers’ Compensation case.
WORKERS’ COMPENSATION BASICS
If an accident at work causes an injury or illness, the Pennsylvania Workers’ Compensation Act provides for medical benefits and compensation for lost wages as a result of absence from work. If the injury results in loss of life, death benefits are paid to the worker’s dependents.
Any injury sustained while on the job is covered under the Act, regardless of fault. However, if the injury was intentionally self-inflicted, or the result of the employee’s illegal activity, benefits will be denied. Injuries or death caused by the use of drugs or alcohol while at work may also not be covered.
Nearly every Pennsylvania employee is covered under the Act. All employers, even those with only one employee, are required to provide Workers’ Compensation coverage for their employees. Some exceptions to this include volunteer workers, agricultural laborers, and those who have been granted a personal religious exemption.
Some workers may be entitled to additional compensation benefits. For example, Philadelphia public employees, such as police officers and firefighters, injured at work may be compensated under the Heart and Lung Act; prison guards and mental hospital personnel may be covered under Act 534/632; and some civil servants may receive benefits under Regulation 32. Consult an attorney to find out if you are covered under these or any other separate compensation laws.
Coverage begins on the date of hire. The employee must be disabled for at least seven calendar days before becoming eligible to receive wage loss benefits. The full amount of wage compensation is typically about two thirds of the employee’s normal wages. Payments should begin within 21 days of reporting the injury to a supervisor, and will then be paid on a regular basis.
WORKERS’ COMPENSATION PROCESS IN PENNSYLVANIA
Notice of Injury –It is important to report any workplace injury or illness to a supervisor as soon as possible, preferably in writing. This is a critical first step in the Workers’ Compensation process. Your employer is responsible for contacting their insurance company and filing paperwork within a specific time frame.
Claim is Accepted or Denied – Within 21 days of reporting your injury to your supervisor, you will receive a notice that your claim has been either accepted or denied. If you receive a Notice of Workers’ Compensation Denial, you have a right to consult with an attorney who will begin the process of filing a Claim Petition.
If your claim is accepted, you will receive either a Notice of Temporary Compensation Payable (meaning the insurer has 90 days to investigate your claim before accepting or denying full liability) or a Notice of Compensation Payable. At this time, your payments will be calculated as a percentage of your former earnings. An experienced Philadelphia Workers’ Compensation lawyer can help to ensure that your wages are calculated correctly and that you are receiving the full amount of benefits to which you are entitled.
Termination of Benefits – If at any time your employer has evidence that you are able to work with reasonable accommodations and offers you employment that you deny, they may petition a judge to reduce or stop your wage payments. Your employer or insurer may also stop wage payments if they have evidence that you have returned to work at wages equal to or greater than what you earned before your injury.
DISPUTING WORKERS’ COMPENSATION RULINGS
You have a right to dispute any action taken by your employer or insurer to reduce, suspend, or terminate your benefits. Rest assured, your employer will be represented by an experienced attorney, so it is best to consult with one yourself before proceeding. Your attorney will discuss your options and help you decide whether it is best to file a claim petition or try alternative dispute resolution. If you choose to file a claim petition, your case will be assigned to a Workers’ Compensation judge who will schedule a hearing to review the medical facts of your case and hear witness’ testimony. After a decision has been rendered, either party has 20 days to file an appeal with the Workers’ Compensation Appeal Board.
WHAT YOU SHOULD DO IF YOU ARE INJURED AT WORK
First and foremost, seek immediate attention for any life-threatening injury. Even less serious workplace injuries should be checked out by a doctor as soon as possible. You are entitled to seek medical attention from the doctor or hospital of your choosing unless your employer has posted a list, which is easily seen by workers, of at least six approved doctors. Make sure that you fully understand and are able to follow the instructions your doctor has given you. It is important to adhere to all physical restrictions placed on you by the doctor. Keep records of all documentation that pertains to your injury. This includes any missed time from work and details regarding doctor visits.
PHILADELPHIA WORKERS’ COMPENSATION LAW FIRM OF MULVEY-BUDNEY LAW, P.C. HANDLES ALL TYPES OF WORKERS’ COMPENSATION CASES
If you or a loved one has suffered a workplace accident that left you injured or ill, you have the right to pursue compensation. Philadelphia Workers’ Compensation Lawyers at Mulvey-Budney Law, P.C. are experienced in handling Workers’ Compensation cases for all types of injured workers. Our two offices are conveniently located in Port Richmond, and Bridesburg and we represent clients throughout Philadelphia, Bucks, Montgomery, and Delaware Counties. To arrange your free consultation with one of our experienced and highly skilled Workers’ Compensation lawyers in Philadelphia, contact us online or call 215-731-0100.
WORKERS’ COMPENSATION BASICS
If an accident at work causes an injury or illness, the Pennsylvania Workers’ Compensation Act provides for medical benefits and compensation for lost wages as a result of absence from work. If the injury results in loss of life, death benefits are paid to the worker’s dependents.
Any injury sustained while on the job is covered under the Act, regardless of fault. However, if the injury was intentionally self-inflicted, or the result of the employee’s illegal activity, benefits will be denied. Injuries or death caused by the use of drugs or alcohol while at work may also not be covered.
Nearly every Pennsylvania employee is covered under the Act. All employers, even those with only one employee, are required to provide Workers’ Compensation coverage for their employees. Some exceptions to this include volunteer workers, agricultural laborers, and those who have been granted a personal religious exemption.
Some workers may be entitled to additional compensation benefits. For example, Philadelphia public employees, such as police officers and firefighters, injured at work may be compensated under the Heart and Lung Act; prison guards and mental hospital personnel may be covered under Act 534/632; and some civil servants may receive benefits under Regulation 32. Consult an attorney to find out if you are covered under these or any other separate compensation laws.
Coverage begins on the date of hire. The employee must be disabled for at least seven calendar days before becoming eligible to receive wage loss benefits. The full amount of wage compensation is typically about two thirds of the employee’s normal wages. Payments should begin within 21 days of reporting the injury to a supervisor, and will then be paid on a regular basis.
WORKERS’ COMPENSATION PROCESS IN PENNSYLVANIA
Notice of Injury –It is important to report any workplace injury or illness to a supervisor as soon as possible, preferably in writing. This is a critical first step in the Workers’ Compensation process. Your employer is responsible for contacting their insurance company and filing paperwork within a specific time frame.
Claim is Accepted or Denied – Within 21 days of reporting your injury to your supervisor, you will receive a notice that your claim has been either accepted or denied. If you receive a Notice of Workers’ Compensation Denial, you have a right to consult with an attorney who will begin the process of filing a Claim Petition.
If your claim is accepted, you will receive either a Notice of Temporary Compensation Payable (meaning the insurer has 90 days to investigate your claim before accepting or denying full liability) or a Notice of Compensation Payable. At this time, your payments will be calculated as a percentage of your former earnings. An experienced Philadelphia Workers’ Compensation lawyer can help to ensure that your wages are calculated correctly and that you are receiving the full amount of benefits to which you are entitled.
Termination of Benefits – If at any time your employer has evidence that you are able to work with reasonable accommodations and offers you employment that you deny, they may petition a judge to reduce or stop your wage payments. Your employer or insurer may also stop wage payments if they have evidence that you have returned to work at wages equal to or greater than what you earned before your injury.
DISPUTING WORKERS’ COMPENSATION RULINGS
You have a right to dispute any action taken by your employer or insurer to reduce, suspend, or terminate your benefits. Rest assured, your employer will be represented by an experienced attorney, so it is best to consult with one yourself before proceeding. Your attorney will discuss your options and help you decide whether it is best to file a claim petition or try alternative dispute resolution. If you choose to file a claim petition, your case will be assigned to a Workers’ Compensation judge who will schedule a hearing to review the medical facts of your case and hear witness’ testimony. After a decision has been rendered, either party has 20 days to file an appeal with the Workers’ Compensation Appeal Board.
WHAT YOU SHOULD DO IF YOU ARE INJURED AT WORK
First and foremost, seek immediate attention for any life-threatening injury. Even less serious workplace injuries should be checked out by a doctor as soon as possible. You are entitled to seek medical attention from the doctor or hospital of your choosing unless your employer has posted a list, which is easily seen by workers, of at least six approved doctors. Make sure that you fully understand and are able to follow the instructions your doctor has given you. It is important to adhere to all physical restrictions placed on you by the doctor. Keep records of all documentation that pertains to your injury. This includes any missed time from work and details regarding doctor visits.
PHILADELPHIA WORKERS’ COMPENSATION LAW FIRM OF MULVEY-BUDNEY LAW, P.C. HANDLES ALL TYPES OF WORKERS’ COMPENSATION CASES
If you or a loved one has suffered a workplace accident that left you injured or ill, you have the right to pursue compensation. Philadelphia Workers’ Compensation Lawyers at Mulvey-Budney Law, P.C. are experienced in handling Workers’ Compensation cases for all types of injured workers. Our two offices are conveniently located in Port Richmond, and Bridesburg and we represent clients throughout Philadelphia, Bucks, Montgomery, and Delaware Counties. To arrange your free consultation with one of our experienced and highly skilled Workers’ Compensation lawyers in Philadelphia, contact us online or call 215-731-0100.