| How Much Do I Receive? Workers' compensation wage loss benefits are calculated based upon what is called the injured worker's "average weekly wage." The average weekly wage is generally 2/3rds of the amount a worker had earned before getting hurt on the job. There are exceptions to this rule. For example, there is maximum benefit rate, so highly-paid workers often receive less than 2/3rds of their average weekly wage. In addition, some workers will receive either a fixed rate or 90 percent of their prior average earnings, depending upon various factors. Also, it is crucial for you to report any income from jobs that you performed other than the job where you were injured (this is called "concurrent employment"). You may be entitled to a higher workers' compensation rate based on the income from this concurrent employment. Do I Have to Go to the Company Doctor? An injured worker only has to treat with a "company doctor" for 90 days from the first visit only if the employer creates a list of at least six designated health care providers, provides written notification of the employee's rights and duties to the employee, and obtains the employee's written acknowledgment that he or she has been informed of these rights and duties. If an employer fails to do this, an injured worker can receive treatment from any doctor or provider. Do I Have to Report Other Income That I Earn? Yes, the law requires injured workers to report any income earned while out of work on workers' comp. Before doing so, you should consult a lawyer to make sure you are reporting the information correctly. If you had more than one job before and/or after you got hurt, this may affect the benefits you can receive. You may even be entitled to more wage losses than you thought. Be safe, and consult an attorney. |
| What is a Work Injury? A "work injury" is any injury, medical condition or disease that is caused by a person's job, according to Section 301(c)(1) of the Pennsylvania Workers' Compensation Act, 77 P.S. §411(1). The Act does not list specific types of injuries, other than the requirement that the condition must be related to the worker's employment. In addition, a work injury also includes occupational diseases and pre-existing conditions that are aggravated by a person's job. This means that everything from broken bones to strains and sprains to latex allergies to hepatitis may be considered a work injury. When Does My Employer Have to Start Paying My Workers' Comp Benefits? Under the Workers' Compensation Act, an employer and its insurance company have 21 days after they receive notice of the injury to either agree that an injury is work-related (and issue a Notice of Compensation Payable or Notice of Temporary Compensation Payable) or to deny the claim (and issue a Notice of Compensation Denial). Before you can receive wage losses, there must be medical proof from a doctor confirming your injuries and whether you can return to work or there are any restrictions on the type of work you can do. Most insurance companies mail checks every other week to injured workers, although a few pay wage loss benefits weekly. Can I Sue My Employer? The answer to this question is almost always, "No." In exchange for receiving workers' compensation benefits, an injured worker gives up the right to sue his or her employer for pain and suffering. There are very few exceptions to this rule. This does not mean that you cannot sure other parties that may have been responsible for your injuries. In fact, you can often sue other parties. For example, if you are involved in a work-related motor vehicle accident and sustained injuries as a result of the negligence of a third party, you may be able to file a personal injury action against the third party seeking pain and suffering for your injuries. |
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| ARTHUR G. GIRTON WORKERS COMPENSATION ATTORNEY Call For A Free Consultation 610-874-4066 |