Philadelphia Workers' Compensation Eligibility Lawyer
If you were hurt at work in Philadelphia, you may be asking: Am I eligible for workers’ compensation in PA?
Under the Pennsylvania Workers’ Compensation Act, most employees in Pennsylvania are entitled to workers’ compensation benefits if they suffer a work-related injury or occupational disease.
I’m Larry Pitt. For more than 40 years, our Philadelphia workers’ compensation lawyers have helped injured workers understand their rights and navigate the Pennsylvania workers’ compensation system. If you need to determine if you’re eligible for workers’ comp benefits after a workplace accident, we’re here to help.
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Contact Larry Pitt & Associates for a Free Consultation
For more than four decades, our Philadelphia workers’ compensation lawyers have helped injured workers throughout:
If you are asking, “Am I eligible for workers’ compensation in PA?” the best step is to get accurate legal advice.
Call 888-PITT-LAW today to seek legal advice in a free consultation.
Larry Pitt Won’t Quit.
Workers’ Compensation Benefits Under Pennsylvania Law
The Pennsylvania Workers’ Compensation Act provides medical benefits and wage loss benefits to eligible workers who suffer a workplace injury.
Workers’ compensation in Pennsylvania is a no-fault system. That means injured workers can receive workers’ compensation benefits regardless of employer fault.
Workers’ compensation benefits may include:
- Payment of medical treatment and medical expenses
- Lost wages if you cannot work
- Partial disability benefits if you return to work at reduced earnings
- Specific loss benefits for loss of a body part or function
- Death benefits for surviving dependents
Workers’ compensation does not cover pain and suffering damages.
Under Pennsylvania law, most employers must carry workers’ compensation insurance if they employ at least one employee. Coverage begins the moment employment starts. No minimum employment period is required.
Who Is Eligible for Workers’ Compensation in PA?
To be eligible for workers’ compensation in Pennsylvania:
- You must be classified as an employee.
- Your injury must be work-related.
- Your employer must be required to carry workers’ compensation insurance.
A work-related injury includes injuries that occur:
- On the employer’s premises
- At a job site
- While performing job duties off-site
- While driving for work
- During work travel
- During work conferences
Pennsylvania law also recognizes:
- Repetitive stress injuries, such as carpal tunnel syndrome
- Occupational diseases caused by workplace exposure
- Aggravation of a pre-existing condition
If your job duties worsened a pre-existing condition, you may still be eligible for workers’ compensation benefits.
Who Is Excluded From Workers’ Compensation in Pennsylvania?
While most employees are covered, certain workers may be excluded under Pennsylvania workers’ compensation laws.
Exceptions may include:
- Certain agricultural workers
- Casual employees
- Domestic employees
- Longshoremen
- Railroad workers
- Federal employees
Federal employees, railroad workers, and certain maritime workers have coverage under separate federal legislation.
Agricultural workers may qualify if their employer pays at least one agricultural worker wages of $1,200 or more per year, or employs one agricultural laborer for 30 days or more during a calendar year.
Independent contractors are generally not eligible for workers’ comp benefits. However, misclassification is common. Pennsylvania courts examine factors such as whether the employer controls the worker’s schedule, tools, and how tasks are performed. If the employer controls the work, the individual may legally qualify as an employee regardless of job title.
Reporting Deadlines and Filing a Workers’ Comp Claim
Prompt reporting is critical.
Under Pennsylvania law:
- You must notify your employer within 21 days to receive benefits from the date of injury.
- You must report the injury within 120 days to preserve eligibility.
If your workers’ compensation claim is denied, you may file a Claim Petition with the Pennsylvania Bureau of Workers’ Compensation.
You generally have up to three years from the date the injury occurred to file a claim petition if benefits are denied.
Your employer must file a First Report of Injury with the Bureau once you miss a day of work due to a work injury.
Many injured workers lose benefits simply because they miss deadlines.
What Our Clients Say
What Does Workers’ Compensation Cover?
Workers’ compensation covers:
- Medical care related to the work injury
- Medical evaluations
- Ongoing medical treatment
- Wage loss benefits if you cannot work
- Partial disability if you return to lower-paying work
- Retroactive benefits in certain cases
For the first 90 days of treatment, your employer may require you to treat with a provider from an approved panel list. For this rule to apply, the employer must have properly posted the list and provided written notice of your rights before the injury occurred.
After 90 days, you may seek treatment from a provider of your choice.
Occupational Diseases and Psychological Injuries
Workers’ compensation eligibility also includes occupational diseases caused by workplace exposure to:
- Chemicals
- Fumes
- Toxic substances
Psychological injuries may qualify under limited circumstances, though they often involve complex legal issues and require strong medical evidence.
Legal representation is particularly important in these cases.
Specific Loss and Death Benefits
Under Pennsylvania workers’ compensation laws:
- Workers who suffer amputations or permanent loss of hearing or vision may qualify for specific loss benefits.
- If a worker dies within 300 weeks of a work-related injury, surviving dependents may receive weekly death benefits and burial expenses.
These benefits are separate from wage loss benefits.
How Much Does Workers’ Compensation Pay in PA?
Wage loss benefits are generally calculated as a percentage of your average weekly wage, subject to state maximums set annually.
Temporary total disability benefits typically replace approximately two-thirds of your pre-injury wages, up to the statewide cap.
Partial disability benefits apply if you return to work but earn less due to your injury.
An experienced workers’ compensation attorney can review your wage calculations to ensure you receive the full amount you are entitled to receive.
Why You Should Speak With Larry Pitt & Associates
Insurance companies and employers often have attorneys protecting their interests. Injured workers deserve the same protection.
A workers’ compensation attorney can:
- Gather medical records
- Coordinate medical evidence
- Handle complex legal issues
- File a workers’ compensation claim or claim petition
- Negotiate settlements
- Protect your legal rights
Hiring an experienced workers’ compensation lawyer can increase the likelihood that you receive workers’ comp benefits and fair compensation.
