Noise exposure at the workplace is a common phenomenon. It is one of the most widely encountered occupational hazards. The extent of damage to your ears depends on its intensity, duration, and frequency of noise exposure. The louder the noise at your place of work, the more dangerous it is likely to be. However, even if the noise intensity isn’t very high, its continuous exposure can cause problems with your hearing depending on how long you are exposed.

According to OSHA, you should not be continuously exposed to noise of more than 90 decibels for more than eight hours a day. If your job requires frequent use of tools that produce more than 100 decibels, you are at risk of permanent hearing damage. Due to the damaging effects of loud noises on hearing, workers’ compensation is designed to help protect employees who develop this condition due to their job.

Each workplace is different. No matter your profession or job, you deserve to be safe and secure in your workplace. Despite this fact, every day some workers suffer from accidents while on the job across Pennsylvania.

It’s important to understand that no two workplace injuries are alike. An injury to one person is not likely to have the same impact as it may have on another person, even if they had the same accident. This is one of the reasons why recovering compensation for work-related injuries can be a complex process for injured workers who aren’t sure how to navigate the system.

Your specific recovery and rehabilitation timeline will influence the medical costs and wage loss you might incur over a period of time. Whether you have a sprained wrist, or you’ve suffered back pain, you may be referred to a physical therapist for rehabilitation.

When you are injured while performing your job duties, you will undoubtedly need medical treatment for your injury(ies). If your claim is accepted by the workers’ compensation carrier, whether you are paying both wage loss benefits and medical benefits or just medical benefits with a panel provider, your medical bills should be covered for at least the first ninety (90) days by the workers’ compensation carrier. 

What is a panel provider?

When you suffer a work injury and report it to your employer, they should provide you with a list of “panel providers” for you to choose where to treat for the work injury. This list should have also been provided to you when you were hired. If you have not been provided with a list of panel providers, then you are free to treat your injury with whomever you want and the workers’ compensation carrier should still pay the bills.

In the workers’ compensation process, it is not unusual for there to be instances where there are issues with the medical bills either being sent improperly or with the treatment being covered. Medical providers must not only send the bills, but also the medical notes or reports supporting the treatment and also Health Care Financing Administration (HCFA) 1500 Claim Forms in order for the treatment to be considered to be covered.

According to the Pennsylvania Bar Association Workers’ Compensation Law Section and based upon Pennsylvania lifting the mask mandate, Workers’ Compensation offices are scheduled to reopen on August 16, 2021, throughout the Commonwealth. There are Workers’ Compensation Judges throughout PA, and each Judge has the flexibility and discretion as to whether they will schedule their hearings and mediations in person or virtually. The decision to go back in person or virtually can also depend on what type of hearing is involved.

If the hearings are settlement or status hearings, these most likely would have a better chance of being virtual as opposed to hearings requiring the injured worker’s (claimant’s) or other fact witness’ testimony, where the involved Judge would need to assess credibility.

Also, as part of the change, the PA Workers’ Compensation Appeal Board will still hear oral arguments virtually, but as of July 1, 2021, parties can request live oral arguments through the automated workers’ compensation system, WCAIS.

First of all, what is a Claim Petition? A Claim Petition is filed with the Workers’ Compensation Office of Adjudication if an injury claim is denied by your employer’s workers’ compensation carrier. If you are injured while working in the course and scope of your employment, you report the same to your employer and they send it to their workers’ compensation carrier to investigate and accept or deny your claim.

In order to file the Claim Petition, you must have a doctor give an opinion in writing that your injury is directly related to your work. If you are out of work and claiming ongoing disability which may last more than a year (52 weeks), then not only will you need a doctor’s note or report, but that doctor will have to testify on your behalf. This is referred to as a doctor’s deposition. The assigned workers’ compensation judge will set a trial schedule, typically giving you (the claimant), through your attorney, ninety (90) days to take your doctor’s deposition, the employer, through their attorney, will then be given (90) days thereafter to take their doctor’s deposition.

Who is the employer’s doctor? Well, the workers’ compensation carrier will choose what is referred to as an Independent Medical Examiner (IME) doctor to examine you one (1) time in conjunction with reviewing your medical records. That doctor will write a report and then testify from that report.