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Nathaniel E.P. Ehrlich

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Workers Compensation

Contact us today for a free legal consultation about your workers compensation case.

Anapol Schwartz represents clients in workers' compensation claims that are related to our clients' personal injury claims. We are experienced dealing with insurance companies and protecting our clients' rights.

What is Pennsylvania Workers’ Compensation?

Workers’ Compensation is insurance that, by law, your employer is required to carry in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Benefits can include medical expenses, lost wages and death benefits. Workers’ compensation exists both as a way to benefit injured workers and as a way to protect employers. Before workers’ compensation laws existed, serious injury to an employee could bankrupt an employer due to the employee being able to sue their employer. Workers’ compensation is a no-fault insurance system. Negligence on the part of workers or employers is not an issue in paying benefits.

What injuries are covered by the Act?

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. As long as your injury is job-related, it is covered. You are covered if you are injured while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities. Any injury or illness that occurs due to employment is considered a workers’ compensation injury. Under workers’ compensation law, you will receive compensation if you are injured, no matter who is at fault. Some types of workers’ compensation injures are:

· Broken/fractured bones;
· Back problems/pain;
· Knee problems/injuries;
· Grip loss;
· Heart attacks;
· Hypertension;
· Wrist injuries including carpal tunnel syndrome;
· Burns;
· Shoulder pain;
· Neck pain;
· Headaches; and
· Scars from the neck up, even if surgical.

You may be entitled to benefits even if you are still working.

What should I do if I get injured on the job?

Seek emergency medical attention if needed. Immediately report your injury to your employer. An injured worker must report any accident to their employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). Immediately report your injury or illness to your supervisor. To be eligible for benefits, in Pennsylvania, you must report the injury within 21 days. However, if notice is given within 120 days, but more than 21 days, benefits do not begin until the date of notice. If you have received medical benefits, the statutory time limit is usually three years from the date of your injury or illness to file a claim. Your employer is then required to make a report of the injury and notify its insurance company and/or the Bureau of Workers’ Compensation. If an injury occurs over time (for example, a breathing problem or carpal tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers’ compensation claim.

What workers’ compensation benefits am I entitled to?

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). If the injury causes the death of an injured worker, burial expenses are partially covered and the dependents of the deceased worker are entitled to certain benefits.

If you become temporarily unable to work, you will generally receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to injury, you will fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you have lost seven days of work because of an injury or illness that is covered by workers’ compensation as set by state law.

If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of payment you may be entitled to receive varies greatly by the nature and extent of your injuries.

Do I need a workers comp attorney?

Yes, you have the right to be represented by an attorney for your work-related injury. Your attorney will assist you in seeing that your benefits are properly protected. While individuals can sometimes represent themselves in these matters, it is advised to contact a workers’ compensation attorney as soon as possible after an accident or diagnosis of a disease or condition in order to protect your legal rights. Workers’ compensation laws are constantly changing, and an attorney will be in a better position to advise you in order to protect your rights.

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