Workers' Compensation is a government-mandated insurance program that offers compensation for personal injury to workers who are injured at work. An injured employee receives benefits regardless of who is at fault. If an employer offers compensation to employees, that will be the only benefit they receive and they cannot sue their employer.
However, if the employer does not offer workers' compensation coverage to employees, the injured worker has the option to sue them for tort or for their rights under workers' compensation law. You, when involved in a situation like this, should seek legal advice before making a decision about the best option to benefit yourself.
If you need to do so, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or writing to us via WhatsApp to receive the best free legal advice, and if applicable, you may obtain the highest possible compensation with the proper handling of your case by a labor attorney.
If a person or organization other than the company is responsible for an employee's injuries, the injured employee can take legal action against them and request compensation for personal injury. In these cases, additional damages may be awarded, including pain and suffering, and loss of consortium.
What Should You Do if You Are Injured at Work?
If you are injured at work, it is recommended that you immediately report your workplace accident to your supervisor or authorized personnel. The supervisor or authorized personnel must notify the company within 120 days of the incident. Failure to do so makes you ineligible for compensation under Pennsylvania's Workers' Compensation Act. Any industrial accident, no matter how minor, must be reported. The notice must be detailed and include a description of the workplace injury, as well as the time and place of the injury.
What Damages Are Eligible for Workers' Accident Compensation?
Employees are entitled to benefits in case of injuries resulting from and in the context of their employment relationship with the company and must be under certain conditions. The injury must occur while the employee is performing their normal job duties or work-related assigned duties for the benefit of the company.
Do I Have to Be Examined by the Occupational Doctor?
Under Pennsylvania workers' compensation laws, if the company has a list of licensed doctors, the injured worker must negotiate with a registered doctor during the first 90 days of treatment. The injured worker can contact a doctor who is not on the list. However, they are responsible for paying the bills.
If the company does not have a specific specialty on the list, the injured worker can go off the list to a doctor in that specialty. The company cannot force the injured worker to see a doctor who is not on the list.
How Will I Know if My Injury Has Been Accepted?
Once the incident is reported, the insurance company must accept or deny the claim using one of the following documents: Notice of Compensation (ASC): this document provides the injured worker with the greatest protection and specifies payment for lost wages and medical benefits. Once a PCN has been filed, the insurance company cannot stop paying lost wages or medical services without a court order.
At the time a PCN is issued, the injured worker should also receive a Statement of Wages (SOW). The Statement of Wages describes the calculation of the injured employee's average weekly wage (AWW) and the compensation rate.
Temporary Compensation Notice (TNCP): this document provides for payment of lost wages and medical benefits. However, the TNCP can be revoked within 90 days and the claim can also be denied.
Notice of Denial: The insurance company denies accepting the injury suffered by the employee. In this case, no payment is made for lost wages or medical services. The injured worker must file a claim with the Pennsylvania Workers' Compensation Board and discuss the case with a judge of the Pennsylvania Workers' Compensation Board.
When Can I Receive Lost Wage Benefits?
If the disability lasts seven days or less, no payment will be made for lost wages as established in the Pennsylvania State Employee Compensation Act. If the disability extends from eight to thirteen days, benefits will only be paid for the specified period.
Benefits are paid retroactively from the first day if the disability extends for fourteen days or more. The first benefit must be paid within twenty-one days of notifying the employer of the injury or from the time the employer becomes aware of the disability.
Therefore, if necessary, you can contact Conexión Legal immediately to receive the best free legal advice and, if applicable, obtain the highest possible compensation with the help of a labor attorney.
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