By law, an employer is responsible for minimizing safety risks and making sure workers are not in danger.
If you’ve been injured on the job, your employer has certain responsibilities to compensate you for your medical bills and missed work time. Most job-related injuries are covered by workers' compensation, including injuries sustained in an accident (such as a fall or a mechanical malfunction) and those incurred from normal job duties (such as carpal tunnel syndrome or exposure to dangerous chemicals).
To be eligible for benefits, the employee must have been injured within the course and scope of the work related activity. While workers' compensation laws can be complicated and ever changing, our experienced attorneys know your rights and how to fight to get you the money you deserve.
The workers' compensation law is designed to help injured workers as well as employers in dealing with the problems of health insurance. The Pennsylvania workers' compensation act provides benefits to workers who are injured on the job or suffer an occupational disease arising out of and in the course of employment. The benefits under workers' compensation include weekly payments based on a percentage of the employee's average weekly wage for temporary total disability, partial disability, permanent and total disability and permanent loss of function and disfigurement. Workers' compensation also covers medical expenses for treatment that is reasonable, necessary and related to the injury.
Here are some examples of workers compensation cases we have settled:
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Represented the widow of a truck driver killed in a one-vehicle accident. The Defendant denied benefits arguing that the deceased driver was not in the course and scope of his employment. The workers compensation judge denied benefits. On appeal, the decision of the judge was reversed. Benefits were granted to the widow and her two minor children.
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Represented a woman who served as a school custodian. She fell on construction materials strewn about the floor. The employer denied her medical treatment. After filing with the workers compensation bureau, the judge assigned granted not only ongoing medical treatment, but also wage loss benefits into the future. We also obtained a third party settlement against the construction company responsible for the strewn materials.
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Represented a widow whose husband died while on the job. The company denied benefits arguing that his heart attack was not caused by his work activity. We obtained a records review and opinion from a noted cardiologist linking the heart attack to his work activity. The workers’ compensation judge awarded benefits to the widow and her minor children.
Following is a list of rights and responsibilities an injured worker is entitled to:
- An injured worker may have the right to receive wage benefits.
- An injured worker has the right to receive the medical care reasonable and necessary to treat a work-related injury or illness without any specific time limit.
- An injured worker has the right to hire an attorney to help get benefits or to help resolve disputes.
- An injured worker has the right to confidentiality.
- An injured worker has the responsibility to inform his or her employer about a work-related injury or illness.
- An injured worker has the responsibility to fill out a claim form and submit it to the proper employer representative.
- An injured worker has the responsibility to tell his or her doctor how the injury occurred and if it was work related.
Ten Important Facts You Should Know About Worker’s Compensation Rights
Receive our free guide entitled “What if I am Hurt on the Job”
Office of Worker’s Comp Programs: http://www.dol.gov/esa/owcp_org.htm
(for federal employees)
Your State Worker’s Compensation office: http://www.dol.gov/esa/regs/compliance/owcp/wc.htm
(for private employers)
