Forbes Advisor’s Top Workers’ Compensation Lawyers in Philadelphia, PA for 2024

Are you familiar with the intricacies of Pennsylvania’s workers’ compensation system? This financial safety net serves Philadelphia employees experiencing work-related injuries or illnesses. It covers a range of scenarios, from construction workers falling from ladders to office employees developing carpal tunnel syndrome. The no-fault system ensures their medical expenses are compensated, and lost wages are covered.

In this guide, we explore workers’ comp rights in Philadelphia, the benefits you’re entitled to, how to file a claim, and the vital role of a workers’ comp attorney in your case.

Understanding Workers’ Compensation Laws in Philadelphia, PA

Workers’ compensation in Pennsylvania serves to cover employees’ medical expenses and lost wages while protecting employers from direct lawsuits. While it covers a broad range of employees, there are exceptions. Let’s delve into who is included and who is excluded under these laws.

Philadelphia Workers’ Rights Under PA Workers’ Comp Laws

Philadelphia employees have several rights under the workers’ compensation system. Familiarizing yourself with these can ensure you secure all benefits you’re entitled to.

• Wage-loss benefits: If you’re partially or fully disabled and earning less than you did pre-injury, you’re entitled to approximately two-thirds of your average weekly wage.
• Death benefits: Dependents of a worker who dies from a work-related injury are entitled to benefits.
• Specific loss benefits: Permanent loss of function in body parts merits a specific loss award, whether or not you can work post-injury.
• Medical expenses: All costs for emergency treatment, ongoing care, surgery, or rehabilitation due to work-related injuries are covered.
• Choice of healthcare provider: You can choose any healthcare provider for emergency treatments. For non-emergency injuries, you can select your provider, unless your employer has provided a list of six or more. If such a list is provided, your first visit must be with a provider from that list.

How to File a Workers’ Compensation Claim in Philadelphia, PA

If you suffer a work-related injury or illness, it’s crucial to inform your employer immediately. This can be done verbally or in writing, emphasizing that the injury or illness is work-related.

Meeting Time Limits for Your Workers’ Compensation Claim

• Notice of your injury must be given within 21 days to receive retroactive benefits from the day when you filed the claim.
• You can give notice within 120 days of the injury, but benefits will only begin from the day you give this notice.
• In case of an occupational disease due to workplace exposure, you must notify your employer within three years from the date of injury or disability.

Employer Reporting Responsibilities

• Employers must file a First Report of Injury with the Bureau of Worker’s Compensation within specific timeframes depending on the severity of the injury.

Employer or Insurer Response

• Within 21 days of receiving your injury notification, your employer or insurer must either accept liability and start compensation or issue a denial.

Navigating the Claim Petition and Appeal Process

• You have up to three years from your injury to file a claim petition.

Understanding Your Appeals Process

• You can appeal the Workers’ Compensation Judge’s decision within 20 days of receipt.
• Further appeals can be made to the Commonwealth Court and the Pennsylvania Supreme Court within specified timeframes.

Recovery Beyond Workers’ Comp for Philadelphia Workplace Injuries

If for some reason Pennsylvania’s Workers’ Compensation system denies your claim or you are exempted from coverage, there are other routes for financial assistance.

• Appealing the denial: If your workers’ compensation claim is denied, you can file a claim petition and even escalate the matter to the Workers’ Compensation Appeal Board for further review.
• Employment lawsuit: In some cases, you may have legal grounds to file a personal injury lawsuit against your employer for damages.
• Third-party lawsuit: If a third party’s negligence caused your injury, you might be able to sue them for damages.

You may also be eligible for federal disability or unemployment benefits if your claim is denied or you aren’t covered by workers’ comp. A knowledgeable workers’ compensation attorney can guide you through your options.