If you have been injured or fallen ill in the scope of your employment, you may be entitled to workers’ compensation benefits. Under Pennsylvania’s workers’ compensation, most employees receive 66 2/3% of their average weekly wage. These benefits cover lost wages and medical expenses, and dependents of deceased workers are entitled to death benefits.
Sadly, nobody can be completely prepared for work-related injury or occupational illness. That is why the legal team at Shollenberger Januzzi & Wolfe, LLP, is committed to helping injured employees recover the benefits they deserve. If you are interested in discussing your rights, do not hesitate to contact our workers’ compensation attorneys in Cumberland County.
Filing a Workers’ Compensation Claim in Cumberland County, PA
Taking appropriate steps following your work injury will help protect your rights. A successful workers’ compensation claim is dependent on the following steps:
Reporting a Work Injury to Your Employer
According to Pennsylvania law, you must provide notice to your employer within 120 days. However, you must report the accident within 21 days to receive retroactive benefits. Prompt reporting is recommended, whether verbal or written.
Notice of Compensation Payable and Temporary Benefits
If your employer accepts your claim, they will file a Notice of Compensation Payable (NCP) with the Pennsylvania Bureau of Workers’ Compensation. Once filed, you will begin to receive workers’ compensation benefits.
Investigating Your Claim
In some cases, your employer may decide to extend the investigation and issue a Notice of Temporary Compensation Payable (NTCP). An NTCP is valid for 90 days. If your employer chooses to deny liability after the investigation is completed, then they will issue a Notice Stopping Temporary Compensation Payable (NSTCP).
Workers’ Compensation Benefits Available in Pennsylvania
Workers may receive partial or total disability benefits based on the severity of their injury. The state’s workers’ compensation provides the following benefits to eligible employees:
Total and Partial Disability Workers’ Compensation Benefits
If you are unable to work due to your injury or occupational disease, you will be paid total disability benefits. These benefits will stop once you fully recover. However, if you are still receiving permanent disability benefits after 104 weeks, you will be required to undergo an Impairment Rating Evaluation (IRE). It will be conducted by your treating physician. If your impairment rating is 35% or greater, then your benefits will likely switch to permanent partial disability (PPD). These benefits may last up to 500 weeks. However, individuals who experience permanent disability, leaving them unable to work, can collect lifetime benefits.
Wage Replacement
Employees who are unable to work are eligible to recoup two-thirds of their average weekly wage (AWW). This amount is subject to minimum and maximum limits. However, those who are able to work a reduced schedule or in a limited capacity will receive two-thirds of the difference between their pre-accident and post-accident AWW. If you are unsure if you are receiving appropriate compensation for lost wages, it is crucial that you speak with a workers’ compensation attorney.
Medical Expenses Compensation
Workers’ compensation will cover all reasonable and necessary medical costs related to your work injury or illness. This may include ambulatory services, emergency room care, surgeries, physical therapy, and medical supplies. You will be required to see a provider approved by your employer for the first 90 days. After that, you will be able to choose your own provider. However, there is an exception in medical emergencies.
Specific Loss Benefits for Permanent Work Injuries
If you lose the ability to use a body part or lose a body part, you will be eligible for specific loss benefits. This is separate from lost-wage benefits and provides alternative compensation for physical impairment. The number of weeks you will receive benefits will depend on the body part affected and your percentage of impairment.
Workers’ Compensation Death Benefits for Families
If an employee dies within 300 weeks of a work injury or occupational exposure, the decedent’s dependents are entitled to death benefits. These benefits include lost wage benefits (based on the employee’s income), $7,000 in funeral and burial expenses, and any medical bills related to the workplace injury or illness.
Experienced Workers’ Comp Lawyers in Cumberland County
If you have been affected by a workplace accident or occupational exposure, you want knowledgeable counsel by your side. If your claim is denied, our workers’ compensation attorneys will help you take the appropriate steps to appeal the decision. Attorney Karl Januzzi is a certified specialist in workers’ compensation cases and represents numerous workers before the Workers’ Compensation Appeal Board.
At Shollenberger Januzzi & Wolfe, advocating for the compensation you deserve is our foremost concern. To schedule your free consultation with a Cumberland County workers’ compensation attorney, our office can be reached online or by phone at (717) 229-6580.