Every year, workplace injuries and fatalities cost the American economy $51.8 billion and $103.7 billion in direct and indirect costs, respectively. While the number of occupational injuries and illnesses have gone down in last couple of years, mostly due to the pandemic and worldwide lockdowns, things could be better.
Image Source: Unsplash/Towfiqu barbhuiya
First, better safety protocols and appropriate trainings could help. Secondly, employers and employees both can learn how to navigate things once an injury/illness takes place. That’s what this simple QnA is for.
Pennsylvania Workers’ Compensation Information – Simplified!
Image Source: Unsplash/Towfiqu barbhuiya
1. What Do I File if My Claim Was Denied?
You need to file a Claim Petition, but within three years of the date of injury or the claim is forever barred.
2. Will It Be A Workers’ Comp Case If I Get Into A Car Accident While On My Way To Work?
It depends. Regular commute to/from work doesn’t count. But if you are a traveling employee or were traveling on a specific work assignment, a car accident on your way to work may have grounds for workers’ comp.
3. Do I have to give Notice to my Employer after I’m hurt?
Yes, within 120 days or the claim is barred forever.
4. Will I have to Attend Hearings?
Yes, most likely but ask your lawyer as some hearings don’t involve any testimony.
5. Do I Need a Lawyer?
It’s strongly encouraged. You will likely make a lot more money if you retain a lawyer.
6. Will I be spied on?
It’s possible. Depends on status of case. If your doctor and the IME doctor say you’re totally disabled, they may not waste money on this.
7. What’s the most I can receive per week in a work comp check if I was injured in 2022?
$1,205.00 per week.
8. What Medical Evidence Will I Need?
Depends on many factors- ask your attorney. Sometimes you will need a deposition, sometimes just a report.
9. How Long Will the Case Take?
It depends. A Petition can take 1 full year to litigate. But most cases will settle.
10. Will My Case be Via Video or In Court?
Depends on the nature of hearing- some Judges will be going back to in-court for testimony, but may prefer video for status hearings.
11. How Should I Dress for Court?
It’s a good idea overall to look respectable but a suit/dress isn’t required.
12. Will My Case be heard by a Jury or Judge?
A Work Comp Judge will be assigned to your case.
13. Can I Receive Other Benefits While My Case is in Court?
Yes, but there may be an offset against the Work Comp that you win/receive later.
14. Can I Apply for Social Security Disability While On Work Comp?
Yes, but speak to your lawyer about the timing as that’s important.
15. If I Receive a Job Offer While on Work Comp, or while Seeking Work Comp, What do I do?
Ask your attorney. A good faith attempt can help a case. But it depends on many factors.
16. If I Earn Money While on Work Comp, Do I have to report this?
Yes! Tell your lawyer right away so he or she can tell the adjustor.
17. Am I Entitled to a Lump Sum Settlement?
No, it’s not an entitlement, but it happens in many cases. Each case has its own value so be careful not to compare with others.
Important Note:
Nothing on this blog or this article should be construed as legal advice. It is general information and you should speak to a lawyer as soon as possible about your particular cases. The advice they give will depend on the specific facts of your situation.
For more info, contact Pennsylvania Work Comp Lawyers (215) 206-9068
