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Workers’ compensation: know your rights, know the law – Part 1 of 4

There are many questions that surround workers' compensation in Pennsylvania. Today, we will begin a four part series of articles that is aimed at answering some of the most frequently asked questions about workers' compensation in PA. Our hope is that you gain a better general understanding of your rights as a worker and what you can do if you have been injured on the job.

The most common question, believe it or not, is: "What exactly constitutes workers' compensation?"

Without getting into specific details just yet, workers' compensation can be awarded if you sustain an injury on the job or come down with a work-related illness. The Pennsylvania Workers' Compensation Act (PWCA) provides for your medical expenses and, if you're unable to return to work, will compensate you with wage-loss benefits until you are able to return. In addition, there are death benefits for work-related deaths that can be paid out to the members of your family who counted on you most.  

For the most part, benefits are paid out by private insurance firms and/or the Pennsylvania State Workers' Insurance Fund for self-insured employers.

So, what is covered then?

If you're at work or on the jobsite and you are injured while working, or you are diagnosed with an illness or disease that you can prove is a product of your job, you may be entitled to workers' compensation. It should be noted that no compensation shall be paid when an injury or death is purposely self-inflicted, or is caused by an employee's violation of workers' compensation laws that include things like drug use or being intoxicated while on the job.

When does my eligibility for coverage begin?

Coverage should begin on the date of hire. Medical benefits are legally payable from the first day of injury. The payment of lost wages, or "back pay," will be addressed more specifically in the third portion of this four-section series. Please, stay tuned to learn more.

So, how do I collect the benefits I deserve?

More important than anything else, you must make haste in reporting your injury. It is essential that you report any injury or work-related illness or disease to your employer or direct supervisor as soon as possible. It is also a good idea to speak to a trusted workers' compensation attorney about what has happened to you in case you eventually need legal representation. Some of the information you'll want to have handy when you talk to your employer or lawyer is:

  • How you were injured
  • Where you were injured if it is applicable (if it is an illness or disease this may be hard to pin point, but be sure to have records and diagnoses from any doctor's visits)
  • The date you were injured or became ill  

The failure to notify your employer of the specifics of your injury or illness can result in a major delay or complete denial of benefits. Remember, when you have lost a day or missed a work shift, your employer is required by state law to report your injury to the Bureau of Workers' Compensation (BWC).

After that, it is up to the employer to decide whether or not to accept or deny the claim. If your claim is denied, you have the right to file a claim petition with the BWC for a hearing to be presented before a workers' compensation judge.

So, how do you know if you're covered? 

Well, almost every Pennsylvania worker is covered by the Pennsylvania Workers' Compensation Act. Employers are legally bound to provide workers' compensation coverage for all of their employees–that includes full time, seasonal, and part-time workers. Nonprofit corporations, unincorporated businesses, and employers with at least one employee must comply with the Pennsylvania Workers' Compensation Act (PWCA) requirements as well.

Some employees are covered by compensation laws other than the PWCA. If you are a civilian working for the federal government, a railroad worker, a longshoreman, or a ship yard or harbor worker you may be entitled to other compensation benefits. Some people who may actually not be covered under PWCA, but covered another some other type of compensation benefits include: volunteers, farming laborers, what are known as "casual employees," and people who are personally exempt from the PWCA due to religious reasons. In addition, there are some types of administrative executive officers that have the ability to not include themselves from the PWCA. Remember, if you're not sure whether or not you are covered, but have serious questions regarding workers' compensation, you should speak to your employer directly and then an attorney who specializes in workers' compensation benefit recovery.

If for some reason you find out that your employer does not provide insurance or is not self-insured for workers' compensation, you may be eligible for benefits from the Uninsured Employer Guaranty Fund, which you can find more information about by clicking here, or by calling the Bureau of Workers' Compensation at (toll free) 800-482-2383 or 717-772-4447.

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