By Wolf, Baldwin & Associates, P.C.
How do I know if I have a workers' comp claim?
Most injuries which happen at work, regardless of who is at fault, will be covered under workers' compensation. Even injuries which happen away from the office or jobsite can be covered if you are furthering the business of your employer at the time of the injury. Injuries do not have to be associated with a specific incident, but can be the result of repetitive motion or cumulative trauma.
How long do I have to report my injury?
It is a good idea to report any injury, no matter how small you think it is, right away to a supervisor. Saying something to your coworker is not the same as notice to your employer. If you delay giving notice of a work injury, you run the risk that when you do give notice later your employer will not believe you. The sooner you give notice, the sooner you can receive wage loss and medical benefits. Under the workers' compensation law, you will lose the right to make a claim if you do not give notice within 120 days of when you knew or should have known about the work injury.
Can I see my own doctor? What is the "90 day rule"?
Many employers and their insurance companies will tell you that you must treat only with a "panel physician" within the first 90 days of a work injury. This is only true in certain limited circumstances, because the employer must comply with many elements of the workers' comp law in order to force an injured employee to choose a panel doctor. In truth, you can see any doctor you choose in the first 90 days, but if your employer complies with all aspects of the panel doctor law it will have no obligation to pay that doctor. After the 90 days is up, you can treat with whoever you want, and even get second opinions.
Will it hurt my employer if I try to get workers' comp?
Your employer has already paid the insurance company and bought the insurance which covers you. Presumably, your employer wants you to use the insurance which it already paid for. The workers' comp system is designed to make sure that injured workers get the treatment they need quickly and get back to work as soon as they can, and this benefits employers. If you delay your treatment by deciding not to file a claim, your employer may have to wait a lot longer to get a valued employee back.
Will I lose my job if I make a claim?
Most non-union Pennsylvania workers are "at-will employees," which means they can be fired at any time for any reason or no reason, as long as they are not being discriminated against. An employer can be subject to a wrongful termination lawsuit if it fires you for pursuing a workers' compensation claim. This does not mean that your employer must keep your job open for you forever, and it does not have to provide light duty for you. However, if you are fired after a work injury or not brought back to work if you are released to work modified duty, you may be entitled to wage loss benefits under workers' compensation.
To what benefits am I entitled?
Workers' compensation in Pennsylvania provides for a wage loss benefit (typically 2/3 of your preinjury average weekly wage), and medical treatment which is reasonable, necessary, and causally related to the work injury. The calculation of the preinjury average weekly wage can be very complicated, and should always be double-checked by an experienced workers' compensation lawyer. Overtime and bonuses should be included in the calculations. Even if you are receiving wage loss benefits, you may be receiving the wrong amount. If you cannot earn your preinjury wages because of the work injury, you may be entitled to total or partial disability benefits.
Should I settle my claim?
Settlements of workers' comp claims are common in Pennsylvania. They are achieved by a Compromise and Release, where usually the insurance company pays the injured worker a lump sum of money in exchange for the worker giving up all of his or her rights under the law. The negotiation of these settlements is best left to experienced workers' compensation attorneys who can draw on years of experience to determine the worth of a claim and get the most value for the case. Not all cases should be settled, and not all cases must be settled for a full release of both wage loss and medical benefits. Each person's case is unique and should be evaluated individually.
Do I need to see a lawyer? What will I have to pay?
You are not required to hire an attorney to go through the workers' compensation system, but most people who try to handle cases on their own realize quickly that they are in over their heads. Workers' compensation insurance companies will always be represented by lawyers, most of whom only practice workers' compensation law. Their mission is to reduce or eliminate your benefits. You will be wise to have a free consultation with an experienced workers' compensation lawyer who only represents injured workers. It costs you nothing to have your case evaluated, and having a lawyer involved in your claim from the beginning will maximize your ability to receive all of the benefits to which you are entitled. The lawyers of Wolf, Baldwin & Associates offer free consultations in workers' comp cases, and charge a contingent fee which must be approved by a workers' comp judge.
About Wolf, Baldwin & Associates, P.C.
The law firm of Wolf, Baldwin & Associates, P.C. has been serving the Tri-County community for almost 40 years. With seven attorneys and offices in Pottstown, Reading, and West Chester, we can assist you with workers' compensation claims, as well as family law, estate planning and probate, small business representation, real estate, and civil litigation. We welcome the opportunity to serve you. Visit our website at www.wolfbaldwin.com, or our workers' comp website at www.workerscomplawyerpa.com, or our family law website at www.tricountyfamilylaw.com. Like us on Facebook at www.facebook.com/WolfBaldwinLawFirm.
