Workers’ Compensation Eligibility
Employees in Philadelphia may be interested to find out what rights they have under the Pennsylvania Workers’ Compensation law. While most injuries are covered, there are some that you would be surprised to know, are not.
Workers’ Compensation benefits can be beneficial to those that experience lost wages, as they help you with medical bills and lost wages. The workers’ compensation law follows the “no-fault” system, which means that the negligence of either the employee or employer will not be taken into account. Those that are filing for workers’ compensation benefits cannot sue the other party for negligence.
Some of the injuries that are covered under workers’ compensation are when people are working or on break during the day. Pre-existing injuries such as a neck or back injury that are exasperated on the job, are also covered under workers’ compensation. Occupational diseases, such as cancer that was caused by exposure to harmful chemicals in the workplace is also covered under workers’ compensation.
You might be surprised to learn that not all injuries are covered under workers’ compensation. If an employee is injured while coming to or from work, or if you are performing personal errands during the workday, you will not be covered under workers’ compensation. On the contrary, if you are attending a work sponsored event, you will be covered under workers’ compensation. And lastly, if you are intoxicated or engaging in horseplay, while on the job, you will most likely not be covered under workers’ compensation.
Many people do not expect to undergo a workplace injury while on the job. But if you do, it is important to know all of the ins and outs of what you will experience and gain from it.
Luckily, many workplace injuries are covered under the PA Workers’ Compensation Law. Workers’ compensation is a required form of insurance for all employees.
If I am injured on the job, what is my responsibility for filing a claim? Right after you are injured, it is important to tell your employer about your injury. From there, your company should submit a report with the bureau of workers’ compensation. After the injury is reported, you should consult with an experienced workers’ compensation attorney to help you with your case.
What benefits and compensation will I receive after filing a claim? The benefits that you will receive all depend on the type of injury that you endured while on the job. Lost payments will be paid if you are unable to work. This is similar to the benefits of short-term disability, but in the event that you can no longer work, you will have to file separately for long-term disability. In the case that you lost a limb, you may also be eligible to receive an “injury award.”
Any expenses for medical treatment should also be covered under your workers’ compensation benefits.You are entitled to receive benefits for any expense that is a result of your injury. In the event of death, your family is eligible to receive death benefits for the passing of a loved one.
Do I have the ability to choose who my physician will be? If your employer has a list posted of at least six doctors, you are required to use one of those doctors to be considered eligible for workers’ compensation benefits. After 90 days, you will be eligible to receive medical treatment from your preferred doctor.
Using workers’ compensation benefits for insurance has some drawbacks as well. The doctor or insurance company may sometimes be slow in treating someone or may not pay for the treatment that you feel is necessary. Like any insurance company, you may have to keep a close watch on them to make sure you are receiving the benefits that you deserve. Having the help of a workers’ compensation attorney will assure that you will receive all of the compensation and benefits that you deserve.
At Krasno, Krasno, & Onwudinjo, our highly experienced workers’ compensation attorneys are dedicated to helping you with your case. If you would like to receive more information, contact us at (866) 948-9088 to speak with a member of our legal team or to receive your free case evaluation.