Pennsylvania Workers’ Compensation
Workers’ Compensation is a program requiring employers to purchase insurance coverage to provide benefits to employees who become ill or injured on the job. Through this program, workers are provided such benefits as lost wages and medical care. In exchange, employers are protected from personal injury lawsuits by injured employees. While the federal government administers a Workers’ Compensation program for federal and certain other types of employees, each state has its own laws and programs for Workers’ Compensation, such as the Pennsylvania Workers’ Compensation Act .
Workers’ Compensation is “No Fault” Insurance
In a Workers’ Compensation matter, neither the injured worker nor the employer is determined to be at fault. The benefits a worker receives is not decreased by the worker’s carelessness, nor increased by an employer’s negligence. However, an injured employer may lose the right to Workers’ Compensation benefits if the injury results from the worker’s intoxication from drugs or alcohol. Similarly, if the injured employee is hurt by his own actions or inactions intended to cause harm to himself or someone else, the employee may forfeit his right to recover under the Worker’s Compensation laws.
Denial of Benefits & Filing a Claim Petition
Once the injured employee gives the employer notice of his injuries, the employer or its insurance carrier must agree that the injury or illness is work-related before benefits are paid. If the employer or insurance carrier denies the claim, the injured worker must file a Claim Petition to be heard before a Workers’ Compensation law judge who decides which party will prevail. If you need to file a Claim Petition for your on-the-job injury, it’s time to call the Philadelphia Workers’ Compensation attorneys of Pearson Koutcher Law.
Workers’ Compensation Benefits
The Pennsylvania Workers’ Compensation law provides for several types of benefits for employees who suffer job-related injuries or illnesses. Injured workers are entitled to the payment of reasonable and necessary medical treatment including surgical and medical services, medicine, supplies, hospital treatment and services, orthopedic appliances, prostheses and rehabilitation. Wage-loss benefits are available if it is determined that an injured worker is totally disabled and unable to work at all, or partially disabled and working in a position earning less than the worker’s pre-injury pay. An injured employee may be entitled to Specific Loss Benefits if the worker has lost the permanent use of all or part of his arm, leg, foot, finger, hand, toe, has experienced sight or hearing loss, or has suffered a serious and permanent disfigurement on his head, face or neck. If the injury results in death, surviving dependents may be entitled to death benefits.
Contact Our Philadelphia Workers’ Compensation Lawyers
If you’ve suffered an injury or illness in the course of your employment in the Commonwealth of Pennsylvania, you must seek redress under the Pennsylvania Workers’ Compensation Act. The Act is clearly intended to protect your rights to medical care and compensation for lost wages. However, payment of the mandated benefits is not always complete or timely. The Philadelphia Workers’ Compensation attorneys of Pearson Koutcher Law, have significant experience pursuing our clients’ rights to those benefits, ensuring that they receive the full benefits to which they are entitled and for as long as necessary for optimal physical and financial recovery. Contact the Philadelphia Workers’ Compensation lawyers of Pearson Koutcher Law, immediately after your injury or denial of your claim so that we can best protect your rights under the law.