PA Workplace Injury Attorneys

How the PA Workers Compensation System Works

In the Pennsylvania workers' compensation system, almost every worker has the right to claim financial benefits if he or she is injured at work. Those benefits include full payment of medical bills related to the injury; payment of two-thirds of your normal wages during your recovery; and one-time payments for a death or certain disabilities. You may claim these benefits no matter whose fault the accident was. In exchange, workers agree not to sue their employers over the workplace accident. To fund these benefits, businesses can buy workers' compensation insurance, or they may self-insure.

You can make a claim for any health problem caused by your work, not just sudden and traumatic injuries like a broken leg. For example, factory and office workers might be entitled to make a claim for repetitive stress injuries. People exposed to toxic substances at work might develop a disease caused by those substances, which would also entitle them to make a claim. And of course, the families of people killed at work can claim benefits as well. The only workplace injuries that may prevent you from making a claim are injuries caused by alcohol or drug intoxication, by illegal activity or by intentional self-infliction.

If you need to make a claim under Philadelphia, PA's workers' comp system, your first job is to tell your employer about the problem, if it does not already know. You actually have 120 days to notify your employer under state law, but it's better to report it right away. You should also see a doctor to confirm and treat your injury. If your employer has accepted your claim and posted a list of doctors, you must see one of those. Otherwise, you can choose any doctor you like. If you must see an employer-chosen doctor, keep in mind that he or she might have a financial incentive to deny or downplay your injury. If you are told you need surgery, you have the right to get a second opinion.

Once you notify your employer, it must tell its insurance company and the Pennsylvania Bureau of Workers Compensation (BWC). The employer or insurance company must respond to you within 21 days of the day you reported the injury. It can agree to pay your claim; deny your Pennsylvania workers comp claim; or pay temporary compensation, which means it can continue to investigate your claim for 90 days before accepting or denying liability. If it accepts your claim, you should start receiving medical benefits right away and wage benefits starting after you've been out of work for 14 days.

Many of our clients come to us at this stage, after their claims are wrongly denied. If you'd like to fight for your workers' compensation benefits, you have three years to file paperwork with the BWC. You will then have one or more hearings, whose outcomes you can appeal first to the state Workers' Compensation Appeals Board and then to the Pennsylvania courts. You are legally entitled to have a lawyer during this process, and in fact, it's recommended. Because the work comp system is complex and bureaucratic, a lawyer can be a great help in understanding and following the rules. A PA workers compensation lawyer can also help you avoid insurance company tricks that could cause your claim to be unfairly denied.

At Cherry Fieger & Marciano, we limit our practice to representing people caught in the maze of red tape that is the workers' compensation system in Pennsylvania. For many years, we've fought insurance companies and other big businesses to help injured people get the care and compensation they're entitled to. Because we work exclusively with people who are dealing with a serious injury or sudden loss of a loved one, we make communication our first job. We promise to explain everything you need to know about your case, return your calls promptly and handle the bureaucrats so you can focus on getting better.

To arrange a free, no-obligation consultation, you can call (888) 684-7192, or click here to fill out our confidential case evaluation form.