Scranton Workers' Compensation FAQs

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What injuries does workers' compensation cover?

Can I sue my employer for my work injury?

Can my employer tell me which doctor to see?

The employer-designated doctor says that I can go back to work, but I don't feel well at all. I consulted my own physician, who does not think I should be returning to work yet. What can I do?

I returned to my employer-designated doctor for a follow-up visit, and two weeks later I received a document in the mail that indicated my benefits would be terminated. Is that legal?

If I am found to have total disability status, how much can I expect to receive from workers' compensation benefits?

If I'm not sure whether my injury is serious, do I really need to tell my employer right away?

I hurt myself at work, but I'm close to retirement and I'm afraid that applying for workers' compensation will affect my pension. Should I just "wait it out" and hope I recover on my own?

I filed a claim for workers' compensation over a month ago. How long do I have to wait before receiving benefits?

What can I do if my claim is denied?

What injuries does workers' compensation cover?

Workers' compensation covers any injury or illness that was directly caused or aggravated by your job. This includes injuries that occur as a result of an accident at work, as well as those caused while performing your normal job duties.

You're not entitled to workers' compensation when your injury or death is intentionally self-inflicted or results from the use of illegal drugs. You may not be covered if your injury or death is caused by intoxication.

If you already have an injury or condition that wasn't aggravated by your job, workers' compensation wouldn't cover you – unless your pre-existing injury was worsened by your job. This is an important distinction, because if you can show that performing your normal work duties aggravated an injury or condition you already had, then you may be eligible for workers' compensation benefits.

Can I sue my employer for my work injury?

Under most circumstances, you cannot sue your employer if your job is covered under workers' compensation law. There are a few exceptions to this rule. If your work is not covered by workers' compensation, you may have the right to file legal action. You should consult an experienced Scranton workers’ compensation attorney for more information. Also, if your job is covered by workers' compensation, but your injury was at least partially caused by a third party that is not your employer – for example, the manufacturer of faulty equipment – you may be able to file a lawsuit against that third party.

Can my employer tell me which doctor to see?

If your job is covered by workers' compensation and you sustain a work-related injury, you may have certain limitations as to which providers you can see. Employers are allowed to designate a list of at least six doctors they want injured employees to use for workers' compensation treatment – and for the first 90 days of medical care, you must choose one of those doctors. However, your employer cannot choose from among those six doctors – that is entirely your decision. If your employer doesn't have such a list, you can select any provider. Even if you do have to see one of your employer's doctors, you may switch to another provider after 90 days.

For more information on Medical Benefits, see our Injury Benefits page.

The employer-designated doctor says that I can go back to work, but I don't feel well at all. I consulted my own physician, who does not think I should be returning to work yet. What can I do?

If you don't return to work after the doctor treating you under workers' compensation has released you for work, the insurance company will probably try to suspend your benefits. They will file a petition to terminate or modify your benefits – but they can't suspend them until a hearing is scheduled and a judge reviews your claim. In the meantime, you should contact an experienced Scranton workers' compensation attorney who can begin preparing information to argue your case.

I returned to my employer-designated doctor for a follow-up visit, and two weeks later I received a document in the mail that indicated my benefits would be terminated. Is that legal?

The insurance company cannot actually terminate your benefits without a court order or hearing to review your claim. You should contact a Scranton work injury lawyer immediately.

If I am found to have total disability status, how much can I expect to receive from workers' compensation benefits?

If you are deemed totally disabled and cannot work, you should receive wage loss benefits in addition to medical benefits. Medical benefits will cover your medical costs for treatment, medication, etc. Wage loss benefits for total disability will be two-thirds of your average weekly wage at the time of your injury, subject to a weekly maximum.

For more information on Medical benefits and Wage loss benefits, see our Injury Benefits page.

If I'm not sure whether my injury is serious, do I really need to tell my employer right away?

Yes! Anytime you hurt yourself on the job, tell your supervisor or other staff member in charge. Even if you don't think your injury is serious, you need to immediately alert your employer. If your injury turns out to be more severe than you originally thought, failing to inform your employer makes it easier for them to challenge and deny your claim. If your injury does turn out to be minor, you haven't caused any harm by keeping your employer informed. In fact, you may save your employer future trouble by pointing out a potentially unsafe or faulty element in the workplace.

I hurt myself at work, but I'm close to retirement and I'm afraid that applying for workers' compensation will affect my pension. Should I just "wait it out" and hope I recover on my own?

The relationship between retirement benefits and workers' compensation is complex, and can vary according to the type of retirement plan you have, and whether your disability is partial – meaning you can perform some light work – or total disability. Some employers may try to avoid paying workers' compensation by asking older injured employees to take early retirement. Whether this is legal depends upon the details of your plan. Your best bet is to contact an experienced Scranton workers’ compensation attorney who can review your retirement or pension plan documents and provide you with an informed opinion about your legal options.

I filed a claim for workers' compensation over a month ago. How long do I have to wait before receiving benefits?

The workers' compensation insurance carrier has 21 days from the date you informed your employer of your disability to decide whether to accept or deny your claim. If you have not received any communication regarding your claim past the 21-day mark, contact the insurance company.

What can I do if my claim is denied?

If your claim for workers' compensation is denied, you have three years from the date of your injury to file again. Before you do so, however, contact a Scranton workers' compensation lawyer – an experienced lawyer can evaluate your claim to see if you are missing key documents or information. Some employers attempt to deny claims because they think employees will just "drop it" and the problem will disappear. A Scranton work injury an attorney may be necessary to enforce the law and make sure your injury is covered.