Workers Compensation Laws

In Pennsylvania, injuries and occupational diseases that occur in the workplace are governed by the Pennsylvania Workers’ Compensation Act and the cases handed down by our Courts interpreting this Act. If an employer-employee relationship exists, an injury or disease arising in the course and scope of the employment that is related to the employment is compensable. The Act is the exclusive remedy of any such injury/disease, but for several exceptions, which include motor vehicle accidents and defective products. Our attorneys can explain to you if and how any of these exceptions apply to your claim.

After sustaining a work injury, an employee is required to give notice to his/her employer within 120 days. If notice is given beyond 21 days, but within the 120-day period, benefits will be paid only from the date of notice, forward. If notice is given within 21 days, however, benefits will be paid retroactively to the first day of disability (assuming the 7-day threshold is met). The notice requirements for diseases or injuries that involve cumulative trauma, such as carpal tunnel syndrome, an aggravation of a pre-existing spine condition, etc., can be approached differently. Also, the notice period does not begin to run until a person knew or should have known of the injury/disease. Sometimes, this means when a medical professional makes the diagnosis. All of these notice requirements and their intricacies can be explained by our lawyers. Failure to abide by them can result in the loss of your right to bring a claim.

When notified of a work injury, the employer is obligated to provide the employee with its “panel list” of healthcare providers. If no such list exists, the employee may treat wherever he/she wants, provided the treatment is reasonable, necessary and related to the work injury. If an individual needs to treat with a specialist in a certain discipline of healthcare, but one is not on the list, the person may see such a provider of their choosing. For instance, if an injured worker would like to see a chiropractor, but no chiropractor is contained on the panel list, he/she may treat with the chiropractor of their choice—assuming the treatment is reasonable, necessary and related to the work injury. Again, there are many nuances to these rules, which our lawyers are equipped to detect and handle.

There are several types of benefits available under Pennsylvania’s workers’ compensation law, including indemnity (wage loss), medical, scarring/disfigurement and specific loss benefits. Medical expenses are subject to certain provisions within the workers’ compensation law, and the remainder of these benefits are calculated based upon an employee’s “average weekly wage” and “weekly compensation rate.” These figures are ascertained by utilizing formulas set forth by the Act, which factor in many variables and circumstances.

Once an individual suffers a work-related injury or disease, multiple requirements on the part of both the employee and employer are triggered. A workers’ compensation claim can quickly become very complicated—whether immediately after occurring, after the claim has been accepted or denied, or when the claim may be ripe for settlement. For instance, even if a work incident does not create a herniated disc in an individual’s neck or back, if that person’s work duties materially aggravated already existing changes in their spine, it is a compensable work injury in Pennsylvania. Or, if a person is already receiving benefits, there are certain things that a workers’ compensation insurance carrier may do and certain things it may not, regarding the person’s medical treatment and wage loss benefits. It is extremely important to know the difference, because not handling these issues properly can seriously compromise the strength of a claim.

Our lawyers are trained to make sure that all of the viable avenues in your workers’ compensation claim are explored and pursued to the fullest extent. We have a wealth of experience litigating these claims before Workers’ Compensation Judges, and we know how to fight to obtain and keep the benefits to which you are entitled. And, if and when the time is right to settle your claim, our lawyers will ensure that your case is postured to maximize its value and make sure you are protected—from a medical and wage loss standpoint—down the road.

At Georgelis Law Firm, we allow you to concentrate on getting better and back to work; let us handle everything else...

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