PA Workers’ Compensation: Injury Benefits

If you have been hurt on the job, your primary concern after immediate medical care is most likely that you receive the benefits to which you are eligible. Workers' compensation benefits are intended to help pay for the costs incurred by a job-related injury or illness. Under Pennsylvania law the following benefits may be included:

Medical Care

In the event of a work-related illness or injury, you are entitled, if covered under the Pennsylvania Workers’ Compensation Act, to the payment of related reasonable surgical and medical services rendered by a physician or other health care provider. If you are injured on the job, your employer may have specific health care providers you must see for treatment. If your employer has posted a list of six or more physicians or other providers, you are required to see one of them for initial treatment and for the next 90 days, if needed. If the designated provider recommends invasive surgery, you are entitled to a second opinion, but any treatment must be provided by one of the listed doctors within that first 90 day period. After the 90 days, you can choose your own doctor, but you must notify the insurance carrier of this change. Note that not all employers designate doctors, and if yours does not, you are free to choose your own doctor.

Medicine, supplies, hospital treatment and services, orthopedic appliances, and prostheses are covered for as long as they are needed, even if your injury does not cause you to miss work. As long as your work-related injury requires treatment, that treatment should be covered.

Lost Wages

If your injury disables you to the point where you aren't able to work, lost wage benefits are available, depending upon the extent of your disability. There are two different disability status designations: total disability and partial disability.

• Total Disability means that you are considered totally disabled or unable to work for a period of time. After 104 weeks of receiving total disability benefits, your employer or the insurer can require a medical examination to determine if you are 50% impaired according to American Medical Association standards. If you are no longer considered to be at least 50% disabled, your status will change to partial disability.
• Partial Disability means that a doctor has determined you are less than 50% disabled, and you may be able to work at a lower paying job. This benefit is available for up to 500 weeks.

Death Benefits

If you are a surviving dependent of someone whose work injury resulted in death, you may be eligible for death benefits. A surviving dependent is a spouse, child or elderly parent who relied on the victim for financial support.

Specific Loss Benefits

If you have lost the permanent use of your thumb, finger, hand, arm, leg, foot, toe, sight, or hearing or you have suffered a serious and permanent disfigurement on your head, face or neck, you may be entitled to a specific loss award.

Occupational Disease Benefits

Occupational diseases differ from other work injuries because you may not be aware of your condition immediately. If you suffer from a disease either caused or aggravated by your job, and the disease causes a disability within 300 weeks of your employment, you may be eligible for occupational disease benefits. The time period is longer for certain lung diseases. You must have worked with silica, coal or asbestos for at least two years during the 10 years prior to your disability.

The specific financial amount for each type of benefit varies according to the wage you earned at the time of your injury, but it can also depend upon the effectiveness of your claim. Employees who don't submit the proper documentation of their disability or injury may be considered less disabled or even have their claim rejected. If your claim is rejected, an experienced Scranton workers' compensation attorney can help by reviewing your case and providing knowledgeable representation during the appeals process. The Munley, Munley & Cartwright, P.C. Scranton workers’ compensation lawyers understand what the claims reviewers are looking for and how to present medical information properly to thoroughly establish the extent of the injury.

Our Scranton workers' compensation attorneys have more than 40 years of experience fighting for the injured. Our offices in Scranton and Wilkes-Barre provide direct access to local communities where workers' compensation matters are litigated.

Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience. If you have been hurt on the job, please contact us online or by telephone 1-800-318-LAW1 today for an assessment of your case.