If you are injured on the job or suffer a work-related illness, the Pennsylvania Workers’ Compensation Act requires your employer and its Workers’ Compensation Insurance Carrier to pay your medical expenses and, if you can’t work, wage loss benefits until you are able to return to work. Death benefits for work-related deaths are paid to your dependant survivors.
Just about every Pennsylvania worker is covered by workers’ compensation, starting with your very first day of work. All employers must provide workers’ compensation coverage for all of their employees, including part-time workers. Longshoremen and other harbor workers are covered not by Pennsylvania state workers’ compensation laws, but by federal laws instead. FINE AND STAUD LLC is experienced in handling both Pennsylvania state workers’ compensation claims and federal claims for longshoremen & harbor workers.
Medical benefits are payable from the first day of injury, for both state and federal workers’ compensation claims, but payment of lost wages are handled differently. Under Pennsylvania workers’ compensation laws, there is a seven (7) day waiting period for wage benefits before workers’ compensation payments for disability are payable. Once an injured worker has been out of work for 14 days, however, the injured Claimant receives retroactive wage benefits for the first seven (7) days. For longshoreman, under federal law, wage compensation is payable on the fourth day after onset of disability, but where disability extends more than 14 days, compensation is paid for the first 3 days.
As always, at Fine and Staud, LLC, Clients Pay No Fees and No Costs Unless a Recovery is Made.
FINE AND STAUD LLC strongly encourages workers to report any injury or work related illness to their employer or supervisor immediately. Inform the employer of any injury in the course of employment and the date and place of injury. Failure to notify the employer accordingly may result in the delay or denial of benefits. If a claim is denied, the injured worker has the right to file a Claim Petition with the Pennsylvania Bureau of Workers’ Compensation for state claims, and FINE AND STAUD LLC attorneys can help with this. If a Longshoreman’s compensation claim is denied (“controverted”), then a request for an Informal Conference with the Department of Labor in Baltimore, Maryland can be filed and FINE AND STAUD LLC can help with this. Once state benefits begin, an employer or their workers’ compensation carrier cannot terminate or suspend benefits without a Judge Ordering this action after filing a Petition with the Bureau of Workers’ Compensation, and FINE AND STAUD LLC attorneys can be hired to fight this action on behalf of the claimant. For longshoremen, once an employer has the claimant examined by a doctor of their choice and the doctor disputes disability or the need for continued treatment, then the employer can terminate or suspend (“controvert”) benefits without any hearing.
With regard to Pennsylvania state workers’ compensation claims, an injured worker is required to treat for the first 90 days with a panel physician or other healthcare provider designated by the employer, if the employer has posted in the work place a list of six (6) or more physicians or healthcare providers and had the injured worker sign a Panel Treatment Notice. Injured Longshore workers have the right to select any single doctor to be their attending physician for their work injuries. After an employer / workers’ compensation insurer begins paying workers’ compensation benefits, they have the right to demand that the injured worker be examined by a doctor of their choice. If that doctor believes that the employee is capable of going back to work, even on a modified basis, then under PA state compensation laws the employer/ insurer can Petition a Workers’ Compensation Judge to reduce workers’ compensation benefits and under federal compensation laws benefits may be terminated or reduced without court approval. Wage loss benefits are equal to approximately two-thirds of the injured worker’s pre-injury average weekly Wage subject to the maximum or minimum compensation rate and if an injured worker’s wages fall in the low end, then up to 90% of the worker’s gross wages are paid under Pennsylvania law.
FINE AND STAUD LLC attorneys are very experienced in handling both Pennsylvania state and Longshoremen & Harbor Workers’ Compensation Claims. Please contact us for a free consultation.
When you need an attorney to represent you in an auto, car, bus, truck or trolley accident claim,
contact the Philadelphia personal injury lawyers of Fine and Staud, LLC at 215-665-0100.