Get Help From a Pennsylvania Workers' Compensation Lawyer You can Trust

Your claim may be denied if your employer’s insurance company decides that your injury was not related to your workplace or not serious enough to prevent you from working. If your claim is denied, you will receive a Notice of Compensation Denial from your employer 21 days after you file your injury report. If you are notified about a denial of benefits, a skilled workers compensation lawyer can help you with all aspects of the appeals process, including the following:

• Denied workers compensation claims
• Navigating the appeals process
• Representing you during administrative hearings

It is best to enlist the help of a skilled legal team from the beginning to make sure your claim is accepted. However, if you choose to file for workers’ compensation on your own without a workers compensation lawyer and your claim is denied, contact Larry Pitt & Associates at 888-PITT-LAW to help you with the appeals process.

The answer to the question “can I choose my doctors” depends upon your employer. Some employers allow you to choose your own doctor. However, in the state of Pennsylvania, employers have the right to create a list of designated healthcare providers that an employee must choose from if they file a workers’ compensation claim. When that happens, employers and employees must adhere to the following process:

• The employer must give the employee a written notice with the list of medical providers and an explanation of the employee’s rights and duties regarding the designated healthcare providers.
• The employee must sign the notice when they are hired and again if the list changes.
• The list must contain at least six healthcare providers within a reasonable geographic distance, and three of them must be physicians.

If you are injured, you must seek treatment from one of the designated healthcare providers for 90 days from the date of the first visit. However, if your injury requires treatment by a specialist and that particular specialty is not on the list, you may be permitted to choose your own healthcare provider for that specialty.

How long you can collect workers’ comp depends largely on the severity of your illness or injury. While every Pennsylvania workers compensation case is different, typically your condition will be classified as total or partial.

• Total disability status applies to workers who are unable to work. After you have collected benefits for 104 weeks, your employer can request a medical examination to determine if you meet a certain threshold of impairment. If it is determined that you will never be able to go back to work, you may be entitled to wage-loss benefits for the rest of your life, or you may be offered a lump-sum settlement.
• Partial disability status entitles you to wage-loss benefits for up to 500 weeks if you can or do return to work at a lower-paying job according to the prescribed work restrictions. The total number of weeks for which you collect benefits depends on the nature and severity of your injury.

Also, if you have suffered a severe disfigurement such as the loss of a limb or body party, you may be offered a lump-sum payment.

To find out more about the length and types of workers’ compensation benefits to which you may be entitled, speak with an experienced workers’ compensation lawyer in Philadelphia, PA.

Workers’ compensation coverage is mandatory in Pennsylvania for nearly all workers. This includes full-time employees, part-time employees, and seasonal employees who are not contractors. The exceptions include employees who are covered under their respective federal workers’ compensation programs including railroad workers in interstate commerce, federal employees, and longshoremen/maritime workers. Domestic workers are optionally covered by workers’ compensation in Pennsylvania. Agricultural workers who work fewer than 30 days per year are not covered. There are also some religious exemptions.

It is important to note that employees are typically covered, even if the accident was their fault. In addition to covering injuries that occur on the job, workers compensation law in Pennsylvania also covers illnesses that result from exposure to hazardous substances, including asbestos and benzene and repetitive stress injuries.

Death benefits, also called fatal claim benefits, are usually paid to the dependent survivors if the death occurred from a work-related injury or illness. If the injury was caused by the negligence of a third party, such as a driver who caused a motor vehicle crash, a negligent construction site manager, or the manufacturer of a defective tool, the injured worker may be able to recover additional compensation by filing a third-party liability claim.

During 2016, there were more than 159,000 workers compensation cases reported to the Pennsylvania Bureau of Workers’ Compensation. The following list provides a breakdown of workers comp cases by industry:

• Educational and Health – 44,723
• Trade, Transportation, and Utilities – 41,323
• Manufacturing – 19.824
• Public Administration – 11,270
• Professional and Business Services – 11,190
• Leisure and Hospitality – 10,710
• Other – 19,621

All work injuries and illnesses resulting in death, permanent impairment, or loss of work time in excess of a day or shift are required to be reported to the Bureau of Workers’ Compensation in Pennsylvania.

Questions often arise concerning pre-existing conditions. If you suffered a workplace injury that exacerbated a pre-existing condition to the point where you are no longer able to work, you may be eligible for workers’ compensation.

In general, the Pennsylvania Workers’ Compensation Act provides benefits for lost wages in an amount that is 66.66 percent (two-thirds) of your average weekly wage prior to your injury. However, this amount is subject to minimum and maximum compensation limits.

The maximum benefits are based on the statewide average weekly wage, which is recalculated every year by the Pennsylvania Department of Labor and Industry. For 2020, the average weekly wage was calculated to be $1081.00.

For the year 2020, your workers’ compensation benefits would be as follows:

• $1,081.00 if your weekly wage exceeds $1621.50
• Two-thirds (66.66 percent) of your salary if your weekly wage is between $1,621.50 and $810.76
• $540.50 per week if your weekly wage is between $810.75 and $600.56
• 90 percent of your salary if your average weekly wage is $600.55 or below

For updates on the calculation of the Pennsylvania statewide weekly wage, visit www.dli.pa.gov.

Unfortunately, there is always the risk that your workers’ compensation benefits change or be terminated entirely based on periodic input from medical or vocational experts.

Workers’ compensation covers many types of injuries that happen as a result of workplace accidents.

Millions of workers in the U.S. suffer occupational diseases or injuries each year, despite rules and regulations governing workplace hazards and safety procedures. We have successfully represented hardworking employees in Philadelphia, PA and surrounding counties who were harmed during the course of their job due to a wide variety of reasons, including the following:

The difference between third-party claims and workers’ compensation has to do with the legal issue of who is at fault.

• Workers’ compensation is a form of no-fault insurance
• Third-party claims require proving that another entity (the third party) is at fault

Under workers’ compensation laws, the employee who is hurt or injured can receive benefits regardless of who was at fault for the accident. Workers who are harmed due to their own carelessness or negligence may still be entitled to workers’ compensation, provided they were not under the influence of drugs or alcohol or caused the accident due to their own acts of violence.

Third-party claims require the injured party to prove that someone other than the employer was either negligent or intentionally caused injury.

Another difference is that when you file a third-party (personal injury) claim, you may be able to recover additional compensation for pain and suffering. Workers’ compensation does not provide coverage for pain and suffering, emotional distress, loss of companionship, or other non-economic damages you may have suffered as a result of a work injury or illness.

Larry Pitt & Associates, P.C. handles workers compensation claims involving negligent third parties, including but not limited to the following:

• Construction site managers
• Government agencies
• Manufacturers of defective equipment
• Manufacturers of toxic substances
• Negligent drivers
• Property owners

Our personal injury and workers compensation attorneys can capably handle your workers’ compensation claim and much more, including representing you in third-party claims if needed. Our law firm has a reputation for making sure that our clients receive full monetary compensation for their work-related injuries or illnesses. We will fight on your behalf to ensure that your rights are respected and upheld and that you receive the benefits you deserve after a workplace injury.