Frequently Asked Questions About Workers Comp Laws in Pennsylvania
- Can your employer fire you for filing a Pennsylvania workers comp claim?
- Who is responsible for providing workers compensation benefits?
- Are all workers covered under the workers comp law in Pennsylvania?
- What should you do if you are injured at work? How long do you have to file a claim?
- Can your work injury claim be denied if you don't report the injury in time?
- What forms should you sign or not sign?
- Can you sue your employer or co-worker for causing your injury or illness?
- What injuries and illnesses are covered under Pennsylvania workers comp law?
- What if your employer refuses to file an accident or incident report for your injury?
- You live in Pennsylvania but work in a different state. Where do you apply for workers comp payments after you are hurt on the job?
- If you are receiving workers comp payments and your employer offers you a job, do you have to take it?
- Is the workers comp insurance company allowed to follow you, take photos, and talk to your neighbors?
Who is responsible for providing Workers Compensation benefits?
Your employer is required by law to provide workers compensation coverage to their employees. Those who are self-employed may be rare exceptions to this law.
What Pennsylvania workers are covered under Pennsylvania workers compensation?
Most all Pennsylvania workers are covered by Workers Compensation Act. Even if an employer only has one employee, that employee is covered. Generally, those who are not covered are self-employed.
What should you do if you are injured at work? How long do you have to file a claim?
If you have been injured on the job, you need to do the following:
- Immediately report any work related injury or illness to your employer or supervisor. You have 120 days to let your employer know that you had a work injury. Or, you have 120 days from the time you become aware that the injury or illness is work-related to tell your employer
- You have 3 years from the day you were injured to file a Claim Petition for an injury. Read more about typesindex.html"> Claims Petitions.
The longer you wait to request work comp payments, the more difficult it may be to prove your claim.
Can your work injury claim be denied if you don't report the injury in time?
When you are injured at work, you should notify your employer as soon as possible. Under the Pennsylvania Workers Compensation Act, if you don't tell your employer that you were injured within 120 days, you can not receive worker's compensation payments.
Can your employer fire you for filing a workers compensation claim?
No, your employer can not fire you for filing a work comp claim. However, you may be fired for other reasons, including an extended absence from work even if it is because of your injury. There are no guarantees that your employer will hold your job for you while you are off of work.
If you are a member of a union, the union may protect your job security. Be aware that your employer may stop other benefits as well, such as your health insurance.
What forms should you sign or not sign?
Workers Compensation carriers used to make things a little easier for you by color-coding some of the paperwork they send out at the end of your claim. The Workers Comp Bureau is now printing all forms on white paper instead of colored paper, so you have to read all of the documents very carefully. In Pennsylvania, if you sign a document, the Courts believe that you have read it and understood it, and they will enforce what you have signed, even if you made a mistake.
If you are released to return to work, the insurance company may ask you to sign a "Final Receipt". If you sign it, you have told them that you are COMPLETELY recovered. If you are being pressured to sign and you don't think you are completely recovered, please contact our Pennsylvania workers comp attorneys for a free consultation.
With Pennsylvania workers compensation, every time there is a change made in your claim, you will be asked to sign a "Supplemental Agreement". This kind of agreement just shows that there has been a change, but you will also need to read it very carefully. If you have been released to return to work and this agreement contains the word " terminate", you may be signing away important rights! If you are confused about what to sign, contact our Pennsylvania workers comp attorneys for a free consultation!
Can you sue your employer or co-worker for causing your injury or illness?
No, you can only file for Workers Compensation to pay for your lost wages and medical bills. You are not paid for your pain and suffering from your work injury.
There are two exceptions when you may sue for your injury:
- If your injury or illness was caused by a defect in a product, you may have a case against the manufacturer of the product.
- If a coworker assaults you based on a personal, rather than work-related, matter. You may be able to file a civil or criminal lawsuit against your co-worker.
If you find yourself in either of these situations, we recommend that you contact one of our Pennsylvania workers compensation lawyers.
What injuries and illnesses are covered under Pennsylvania workers compensation?
Mostly all injuries and illnesses caused by a work-related accident or a condition are covered under Pennsylvania workers compensation.
The only injuries that may occur in the workplace and are not covered under work comp are:
- injuries that are intentionally self-inflicted, including suicide
- injuries that are caused by your own intoxication or illegal drug use
- injuries that result when a co-worker attacks you for personal reasons
- injuries that result when a third person attacks you for some reason not related to your job
- injuries that are caused by breaking the law
What if your employer refuses to file an accident or incident report for your injury?
If your employer refuses to complete an injury report on your behalf, you may file a typesindex.html"> claims petitions for Workers Compensation payments.
You may need to hire an attorney to represent you, because a claims judge.html"> workers compensation judge will need to review your claim at a hearing.
You live in Pennsylvania but work in a different state. Where do you apply for workers compensation payments after you are hurt on the job?
Pennsylvania's workers compensation payments are higher than those in many surrounding states. So, obviously, you will want to see if you can receive work comp payments in Pennsylvania.
You may be able to receive Pennsylvania work comp payments if:
- you work in Pennsylvania
- you live in Pennsylvania but work in another state
- you were hired by a company based in Pennsylvania
Each claim is based on the particular facts of the situation and must be evaluated on an individual basis. It would be a good idea for you to contact one of our Pennsylvania workers compensation lawyers.
If you are receiving workers compensation payments and your employer offers you a job, do you have to take it?
If your employer can prove that they have a job for you that is within your medical restrictions and you choose not to take it, your employer can ask a workers compensation judge to either modify or terminate your benefits. Learn more about typesindex.html"> Petitions to terminate, modify, or suspend workers compensation payments.
Is the workers compensation insurance company allowed to follow you, take photos, and talk to your neighbors?
Yes, Pennsylvania workers compensation insurance companies often use investigators. If you are seriously injured and are following your doctor's orders regarding restricted activities, you should have nothing to worry about.
However, if you don't already have a lawyer, we recommend that you contact one of our Pennsylvania workers compensation lawyers.
Hurt on the job? Put our experience to work for you
If you don't have an attorney to help you with your injury claim, the deck is stacked against you. It is important to know your legal rights if you are injured at work. The law firm of Edgar Snyder & Associates has been helping injured Pennsylvania workers for nearly 20 years. Let us put this experience to work for you.
Free Legal Evaluation
If you suffered an injury at work, and don't already have an attorney, you can contact our law firm for a free evaluation of your claim by:
- Filling out a simple online form so we can evaluate your claim.
- Calling toll-free 1-866-802-2643. Our phones answer 24 hours a day/7 days a week.
It won't cost you a dime to have our staff review your claim. We'll listen to what you have to say and let you know your options based on what you have shared. It's free and there's no further obligation. And, as always, there is never a fee unless we get money for you.
Client Satisfaction
Message From
Attorney Edgar Snyder
