Workers' Compensation Frequently Asked Questions
- What are the benefits that I may be entitled to if I am injured at work?
- You are entitled to have your medical bills paid and you will receive a substantial percentage of your lost wage.
- Am I entitled to damages for pain and suffering?
- No.
- Does it matter if my employer is negligent or I am negligent as to what I can recover?
- No, you will be entitled to recover the same amount for your lost wages and your medical benefits irrespective of who was at fault.
- Are there provisions or benefits if I lose sight, hearing, or loss of use of a body part (i.e. loss of finger) as a result of my work injury?
- Yes, it is called a specific loss and there is a scheduled benefit.
- Can my employer's and workers' compensation insurance company unilaterally just stop my wage loss benefits or income loss benefits?
- No.
- When should I get an attorney to assist me in receiving my benefits that I am entitled to?
- Immediately. Our office does not charge a fee unless we recover something for you or keep your benefits coming if the insurance company attempts to stop or reduce them. It is better to have your case well prepared before any type of litigation begins.
- Can my employer fire me for making a claim for workers' compensation benefits?
- No. Your employer can be sued for wrongful discharge if you can prove that you were fired for making a claim for workers' compensation benefits. Otherwise, employers can hire and fire at will in Pennsylvania.
- How long do I have to file a claim for benefits if I am injured on the job?
- You must initially report the injury to your employer within 120 days and then you will have 3 years from the date of the injury to file in most cases.
- If I am receiving my wage loss benefits does anything else that I might receive while I am injured reduce my work loss benefits?
- Yes, unemployment compensation benefits will reduce your workers' compensation benefits. Social Security Retirement benefits will reduce your workers' compensation benefits by 50% of the amount of your Social Security Retirement. Your pension and/or disability pension or other retirement type of benefits will reduce your workers' compensation wage loss benefits by the percentage contribution that your employer made to the plan.
- Does my employer have to keep my health insurance benefits for me while I am receiving workers' compensation benefits?
- Not necessarily. It depends if you have a Collective Bargaining Agreement or if there is an Employment Manual that calls for the employer to maintain your health insurance benefits for a period of time you may continue to receive health insurance benefits.
Examples of actual settlements
- Wage Loss only- masonry contractor- 2 levels of herniated discs-$175,000.00
- 62 year old iron worker- degenerative knee- $125,000.00
- 25 year old laborer- partial loss of vision $275,000.00
- Uninsured motorist - aggravation of pre-existing knee arthritis and cervical arthritis- $125,000.00
- Abnormal work conditions resulting in post traumatic stress- $137,500.00
- Torn rotator cuff- $75,000.00
- 28 year old laborer-production- $70,000.00 disc bulge.
- 52 year old barmaid- bruised coccyx $49,500.00
- 50 year old policeman $89,500.00 partial rotator cuff tear.
- 45 year old carpenter fractured wrist/forearm- $180,000.00
- Multiple cases involving facial /head/neck scars ranging from 1-4 inches-$19,000.00 to $60,000.00