PENNSYLVANIA
WORKERS' COMPENSATION
The Pennsylvania Department of Labor and Industry has stated
that 85,000 people are injured each year in work related accidents.
In
the Commonwealth of Pennsylvania, Workers’ Compensation
is available when you: (1) sustain an injury, (2) in the course
and scope of your employment. The presence of these two factors will entitle you to payment
of reasonable, necessary and causally related medical expenses. This is
the Medical Benefit of our Workers Compensation system.
If, in addition, you are unable to make your pre-injury average weekly
paycheck because of the work injury, you are entitled to a workers’
compensation wage loss payment. This is called the Indemnity Benefit
in our Workers Compensation system.
Under the Pennsylvania Workers' Compensation Act there many additional
benefits including, but not limited to, payment for the amputation of, or loss of use of, certain
body parts and for scarring of the face and neck. These benefits are called
Specific Loss Benefits. There are
benefits for occupational diseases such as asbestosis and coal
miners disease; fatal claim benefits; Heart & Lung benefits; benefits for widows
and children. There are other benefits available
as well.
You are not permitted to recover
for pain and suffering under the workers' compensation law. Workers
compensation is the exclusive remedy of an employee against his or her employer
in most, but not all, situations. The Pennsylvania Workers'
Compensation Act is complex. If you have been injured in a work
related accident or event, you need to speak with a lawyer. You will
be required to deal with people who are much more familiar with the process, and
whose interests will not likely be consistent with yours. Do not go it
alone.
|
| Total Disability and
Partial Disability In Pennsylvania,
the term “total disability” in workers’ compensation
language means that you are unable to earn any money.
This is often called "TTD" on your workers' compensation
check. Technically speaking there is no specific time limitation on your
receipt of total disability. However, your workers compensation insurance
carrier has many ways of fighting your total disability status, and they are
likely to use them.
“Partial disability” means that you are able to
earn some money, but not as much money as you made at the time
of the injury. Partial disability is limited to 500 weeks of payments; or
about 9 and 1/2 years time.
How Long Will My Workers' Compensation Last?
There is no specific time limitation to your eligibility
for collecting “total disability.” However, from
a practical perspective, your employer, its workers' compensation
carrier or its third party administrator will not likely allow
you to collect compensation without end; at least not without
a fight. They will try to find a method to challenge your entitlement.
When you receive “partial disability” payments there
is a 500 week period at the end of which your eligibility for
wage loss payments can expire.
As a general rule, once your claim has been accepted by your
employer or awarded by a workers' compensation judge, your benefits
will continue until you agree to change them, or until a workers'
compensation judge enters an award permitting the employer to
terminate, modify, or suspend your benefits.
The employer's workers' compensation insurance carrier has a
variety of methods for challenging your entitlement to compensation.
The three most common methods are by filing Petitions to Terminate,
Modify, and/or Suspend your compensation.
A Termination Petition requests that a workers' compensation
judge determine that your workers' compensation case is over
because you are "fully recovered" from your work injuries.
An Order of Termination would completely stop your wage loss
and medical benefits. We often see opinions from defense
doctors that state that a Claimant is "fully recovered"
from whatever happened on the date of injury, and that whatever
medical problems continue are attributable to another cause.
Modification and Suspension Petitions will only change your
entitlement to continuing wage loss payments and do not change
entitlement to medical benefits. A Suspension is appropriate
where you have no loss of earning capacity. For example, if
you return to a job that pays you as much as you made at the
time that you got hurt, a Suspension is appropriate.
A Modification is appropriate where you have some earning capacity,
but not as much as you had at the time of your work injury.
For example, if you returned to a job but your earnings were
$100.00 short per week, you would be entitled to collect $66.67
per week in the form of "partial disability." Remember
that there is a 500 week time limitation on "partial disability."
Ultimately, the workers' compensation insurance carrier has
to convince a workers' compensation judge that facts exist that
entitle them to stop or change your benefits. Just because the
carrier says it is entitled to change your benefits does not
mean that it will automatically be successful in so doing. There
is ample opportunity for us to litigate the matter and present
your side of the facts. This is what we do on a regular basis
and we do it well.This is intended to be a very general overview of Pennsylvania
Workers' Compensation Law. The law is much more
comprehensive and specific. If you have any questions whatsoever,
please do not hesitate to contact Mr. Fenerty. Remember that
the only bad question is the question that you did not ask.
Call Now For A Free Consultation
- 888-947-4848.
Serving All of Pennsylvania and All of New Jersey.
IF YOU ARE FACED WITH THE FOLLOWING QUESTIONS, YOU NEED A LAWYER.
CALL US NOW, IT'S FREE.
● When are you entitled to Workers'
Compensation?
● What Benefits Are You entitled to? Wage
Loss? Medical Bills? Scarring? Disfigurement? Hearing Loss? Amputation? Loss of
Limb? Loss of Use of, Fingers, Hands, Arms, Feet, Legs? Are There Other
Benefits?
● How long do Workers' Compensation
Benefits last?
● Have your Benefits been properly
calculated? Are you getting what you deserve?
● Does your claim fall under the Old Act
or the New Act, or Both?
● Are your Work Comp checks late?
● Must you continue to go to Occupation
Health Facilities? If, so for how long?
● Lump Sum Payments: Commutations versus
Compromise and Releases. Find out which option is best for you.
● What is an Independent Medical
Examination? How often must you attend an IME?
● What is an
Impairment Rating Evaluation or IRE? Do you have to attend?
● What is a Vocational Evaluation? What
is Earning Power Assessment and When must you attend?
● What is Maximum Medical Improvement?
When does it jeopardize your benefits?
Call Now For A Free Consultation
- 888-947-4848.
Contact
Information:
Telephone:
Nationwide Toll Free: 888-947-4848
24/7 Emergencies & Consultations: 215-858-3000
Fax:
Toll Free: 877-FAX-JFXF or EFAX: 801-382-1810
Our Office Addresses:
2661 Huntingdon Pike, The Gardens At Mount Jolly, Huntingdon
Valley, Pennsylvania 19006
38 North Haddon Avenue, Haddonfield, New Jersey 08033
Electronic mail:
General Information: MyLawyer@MyLawyer.net
New Client Inquiry: MyLawyer@MyLawyer.net
Webmaster: webmaster@mylawyer.net
|
Our Workers Compensation Clients:
Our Clients come from all over the United States
of America and from overseas. We are proud to serve them all. Our Huntingdon Valley Personal Injury Law Office is proud to serve the legal
needs of all communities in Pennsylvania and New Jersey, including but not
limited to: Abington, Ardsley North Hills, Bensalem, Bethayers, Bristol, Bryn
Athyn, Bucks County, Cheltenham, Elkins Park, Feasterville, Fort Washington, Fox
Chase, Ft. Washington, Gwynyd, Hatboro, Horsham, Huntingdon Valley, Ivyland,
Keswick, Langhorne, Lawndale, Levittown, Maple Glen, Meadowbrook, Melrose Park,
Montgomery County, Montgomeryville, Newtown, Northeast Philadelphia, Northeast
Philly, Northampton, North Wales, Philadelphia, Rockledge, Roslyn, Rydal,
Somerton, Southampton, Tacony, Tookany Creek, Trevose, Upper Dublin, Warminster,
Warrington, Willow Grove, Wyncote, and Yardley.
Our Haddonfield Personal Injury Law Office is proud to serve the legal needs
of all communities in New Jersey and Pennsylvania, including but not limited to:
Atlantic City, Atlantic County, Blackwood, Barrington, Berlin, Camden County,
Cherry Hill, Collingswood, Gibbsboro, Haddonfield, Haddon Township, Haddon
Heights, Hammonton, Lawnside, Magnolia, Margate City, Marlton, Medford,
Somerdale, Tavistock, Ventnor, Voorhees, Westmont, Winslow.
Thank you for visiting our website. Please
call us anytime 888-947-4848.
|
