Workers’ compensation refers to a form of insurance that provides compensation for lost wages as well as medical benefits for any employee who sustains injuries in the course of his or her duties, in exchange for mandatory relinquishment of his or her right to sue the employer for negligence or tort.
Work injury compensation in Pennsylvania
Work injury compensation attorneys in Pennsylvania have a wide knowledge, as well as experience when it comes to litigating workers’ compensation cases. Most of them specialize in representing all types of injured workers, including those who become disabled. They work hard to ensure that injured workers receive optimum compensation as a result of injuries sustained in the course of their employment.
Tips on how to obtain workers’ compensation benefits for a work injury in Pennsylvania
Get legal help as soon as possible
It is advisable to seek legal representation as soon as possible after you sustain an injury in the course of your employment. This is necessary in order to facilitate the process of evidence collection. It also helps build a case that is based on presented evidence before a Workers’ Compensation Judge in Pennsylvania. You need to be aware that all employers in Pennsylvania are legally obliged to provide workers’ compensation insurance. In addition, the workers’ compensation insurance provides medical as well as wage loss coverage for work related injuries and illness for workers.
Filing a Petition for benefits
If after you give ”notice” to your employer of a work related injury and the case is denied by the workers’ compensation carrier, you can file a Claim Petition for benefits. This Petition will be assigned to a Workers’ Compensation Judge who hears cases in the same county as the Claimant lives. After the litigation has finished, if the case has not settled, the assigned Judge will decide, based on the evidence, who wins…..the Claimant or the Employer/Workers’ Compensation Carrier. If either party wishes to appeal, they have 20 days to file the appeal with the Pennsylvania Workers’ Compensation Appeal Board.
Where the claim for compensation is accepted
Where the injury sustained by the worker led to loss of income, and the claim for compensation is accepted by the workers’ compensation carrier, the workers’ compensation insurance adjustor will calculate the compensation rate that the Claimant is to be paid on a weekly basis. The method applied for determining the injured worker’s income takes into consideration the Average weekly wage (gross) from past quarters. This amount is then used to determine the weekly compensation rate. There is a rating chart for determining the weekly compensation rate for each year. However, the compensation rate depends on the gross amount of earnings. After the amount of compensation is calculated, it cannot be changed unless it is proven that a mistake was made during the calculations.
On the other hand, if the claim for compensation is accepted without any problem by the workers’ compensation carrier, all the legally recognized medical expenses related to the injury should be paid.
If your claim for compensation is denied, the process of filing a Claim Petition can be best handled by a lawyer. This is most likely to happen where your injury is not clear cut, and there is a difference of opinion between the injured worker and the employer, and their respective Doctors. If your claim for compensation is denied, you owe it to yourself to retain the services of an experienced Workers’ Compensation lawyer in Pennsylvania. The retained lawyer will help you to receive the benefits you are entitled to. It is much easier to let the lawyer sort out all of the details, file the right Petitions, and get you all of the help that you need. Play it right to help yourself.
