WC Defense FAQ's
Workers' Compensation Defense FAQ's
Workers' Compensation Defense FAQ's
What is workers’ compensation?
In Pennsylvania, the Workers’ Compensation Act provides injured workers with the right to collect wage loss and medical benefits for injuries sustained in the course and scope of employment.
In Pennsylvania, the Workers’ Compensation Act provides injured workers with the right to collect wage loss and medical benefits for injuries sustained in the course and scope of employment.
Who pays my workers’ compensation benefits?
Workers’ Compensation benefits are typically paid by the employer’s workers’ compensation insurance carrier, or if self-insured, the employer itself.
What type of injury is covered?
Workers’ Compensation covers most, but not all work-related injuries. Injuries can range from a fall at work to a repetitive stress illness, such as a heart attack. However, your injury may not be compensable if it is intentionally self-inflicted or the result of the employee’s violation of the law, such as intoxication.
Are there time limits to report an injury?
Notice of an injury should be reported to your employer as soon as possible. Unless the injury is obvious or the employer has notice of the injury, notice must be given no later than 120 days after the injury. If you provide notice of the injury after 21 days, but before 120 days, no compensation will be paid until actual notice is given to the employer.
What type of benefits do I receive?
Assuming you timely report your work injury to your employer, you may be entitled to wage loss and medical benefits. Payment of wage loss benefits varies from whether you are totally disabled from the work injury or whether you have returned to work in some fashion such that you may be considered partially disabled. Wage loss benefits are equal to approximately two-thirds of your average weekly wage. Payment of medical benefits by the employer may not mean that your claim has been accepted.
What happens if the employer and its insurance carrier deny liability?
Generally, within 21 days form the date the employee provides notification of a work injury, the employer/carrier is required to either accept or deny liability for the injury. If the employer/carrier denies liability for an injury you deem work-related, it may be necessary to file a Claim Petition with the Bureau of Workers’ Compensation.
How does a case get assigned to a Workers’ Compensation Judge?
Once a petition is filed by either the injured worker, employer or insurance carrier, the Bureau of Workers’ Compensation assigns the petition to a Workers’ Compensation Judge. The case is assigned to a Workers’ Compensation Judge who hears cases generally in the county in which the employee resides.
What types of petitions are filed with the Bureau of Workers’ Compensation?
There are several types of petitions that are assigned to Workers’ Compensation Judges, which may include the following:
Claim Petition:
a Claim Petition is filed by an employee who seeks workers’ compensation benefits for a disputed work injury.
Suspension Petition: a Suspension Petition is filed by the employer or its insurance carrier, where it is alleged that the injured employee is not fully recovered, but has returned to work without a loss of earnings or is capable of returning to work without a loss of earnings.
Termination Petition: a Termination Petition is filed by the employer or its insurance carrier, where it is alleged that the injured employee is fully recovered from the work-related injury.
Modification Petition: a Modification Petition is filed by the employer or its insurance carrier, where it is alleged that the injured employee, though not fully recovered, has returned to work with some loss of earnings, or is capable of returning to work with some loss of earnings.
Compromise and Release Petition:
Every workers’ compensation settlement must be approved by a Workers’ Compensation Judge. This petition is filed by either party to ask a Workers’ Compensation Judge to approve a proposed settlement.
Do I need an attorney?
While there is no requirement that an injured worker retain an attorney in order to participate in workers’ compensation proceedings, it is certainly recommended given the complex litigation of workers’ compensation law.