You sacrifice a lot for your job, so there is no reason that your employer should not provide the same to you. In Pennsylvania, workers’ compensation benefits include wage replacement and coverage of all reasonable and medical expenses for employees. For those workers who succumb to their injuries, death benefits are paid to the employee’s dependents, giving them the financial resources they need to move forward.
At Shollenberger Januzzi & Wolfe, we believe that your job should provide you with financial security, not financial distress. That is why our workers’ comp attorneys are committed to helping employees who have suffered an occupational illness or injury in the course of their employment. Whether you need help with filing a workers’ compensation claim, disputing a claim denial, or filing an appeal, our legal team is ready to advise you accordingly.
Overview of Workers’ Compensation
Workers’ Compensation insurance provides the following benefits to workers who have been injured on the job or have experienced an occupational illness:
Lost Wage Benefits
Workers who can only work part-time or are unable to work due to a condition will be entitled to lost-wage benefits. Benefits typically equal two-thirds of your average weekly wage (AWW). However, if you can work a reduced schedule, the insurance company will pay only partial disability benefits. Partial disability benefits are two-thirds of the difference between an employee’s pre-injury AWW and their current AWW.
The maximum amount changes annually. Pennsylvania workers’ compensation calculates lost wage benefits based on specific income ranges. Employees in the lowest income bracket receive 90% of their AWW, with employees in the highest tier receiving 66 2/3% of their AWW.
Medical Expenses
Pennsylvania workers’ compensation covers all reasonable and necessary medical costs related to a worker’s injury or illness. This includes ambulatory services, emergency room care, surgical procedures, hospitalization-related expenses, prescriptions, orthopedic appliances, prostheses, and physical therapy. Before seeing a provider, you should make sure that they are a designated provider under your workers’ compensation insurance. However, emergency services will be covered regardless of network status.
Death Benefits
If a loved one dies due to their injuries or ailment, death benefits may be paid to certain family members. Eligible dependents include a surviving spouse, a child up to 18 years of age or up to 23 years of age if enrolled full-time in school, a parent who relied on the decedent for financial support, a disabled child, and a sibling up to the age of 18 or up to the age of 23 (if a full-time student) who relied on the employee for financial support.
Timeline for Filing a PA Workers’ Compensation Claim
Notice of Injury
Pennsylvania law requires that you notify your employer or supervisor of any work-related injury within 120 days, although within 21 days is preferable to ensure benefits. Failing to notify your employer promptly can and will result in a denial of benefits. Even though there is some leeway, our firm encourages you to inform your employer immediately after a work injury or upon first becoming aware of an occupational illness.
First Report of Injury
Employers are required to report an employee injury to the insurer within seven days for any injuries that result in disability and 48 hours for every injury resulting in death. Your employer must also file a First Report of Injury with their insurer.
Notice of WC Denial, Temporary Compensation Payable, or Compensation Payable
If your employer denies liability, they will issue a Notice of Workers’ Compensation Denial. This must be issued within 21 days of the employee providing notice of their injury. The notice must also be filed with the Workers’ Compensation Bureau. If your employer decides to extend their investigation, neither accepting nor denying your claim, then they will issue a Notice of Temporary Compensation Payable (NTCP). An NTCP is valid for up to 90 days of benefits. If, within 21 days, your employer accepts liability without requiring further investigation, then they will issue the injured employee a Notice of Compensation Payable (NCP).
If you miss at least 14 days of work, then you will be eligible for retroactive benefits for the first seven days of missed work. It is essential during this time to work with an experienced workers’ compensation lawyer who ensures that all the necessary paperwork is filed on time. At Shollenberger Januzzi & Wolfe, LLP, we are committed to protecting injured workers and helping them obtain the maximum compensation they deserve.
Speak with a Lebanon Workers’ Compensation Attorney
Employers have a legal responsibility to provide medical and lost-wage benefits to injured or ill workers. At Shollenberger Januzzi & Wolfe, our Lebanon workers’ compensation lawyers bring essential knowledge of the workers’ compensation process and refined negotiation skills. If you believe you are not receiving the entirety of the benefits due to you, our legal team is here to assist you. Contact us online or call (717) 229-6580 to arrange a free consultation.