Do you suffer from a workplace injury or occupational illness? If so, you could qualify for workers’ compensation benefits to help cover your medical bills and lost wages while you recover. However, getting approved for benefits can be tricky. Understanding your state’s work injury laws is crucial to build a strong claim.
Here’s what you need to know if you are injured on the job:
Workers’ Comp Laws Vary By State
Each state’s workers’ compensation program has the same purpose ― to provide financial assistance to qualified employees if they sustain a job injury or are diagnosed with a work-related disease. However, specific details of the laws vary from state to state. For example, Texas does not require employers to carry workers’ compensation insurance. But workers’ comp laws in Pennsylvania mandate that even employers with one employee must provide benefits to workers.
Not All Employers Have Workers’ Comp
Not every worker qualifies for workers’ compensation benefits. In Pennsylvania, employers do not have to provide workers’ compensation for domestic servants, certain corporate executives, certain agricultural workers, federal employees, and independent contractors. It’s important to be aware of these exceptions and whether your employer has workers’ compensation coverage. If you believe your employer is violating state work injury laws, contact a workers’ compensation attorney right away.
Waiting Periods in Workers’ Comp Claims
Money doesn’t come right away, even if you are approved for workers’ compensation. Specific waiting periods apply. These periods can range from a few days to a few weeks, depending on where you are in the claims process. To avoid having to appeal your claim and minimize potential delays, talk to a workers’ compensation lawyer as soon as possible after your injury.
The Most Common On-the-Job Injuries and Accidents
Some of the most common work injuries and accidents include:
- Repetitive motion injuries
- Slips, trips, and falls
- Burns
- Strains and sprains
- Overexertion injuries
- Electrical shocks
- Injuries from falling objects
- Work-related car accidents
- Respiratory injuries from inhaling harmful fumes
- Workplace violence
What Isn’t Covered Under Most Workers’ Comp Laws
Workers’ compensation benefits cover all medical bills and a portion of your missed wages, up to an amount set by state law. These are no-fault benefits, which means eligible employees can receive them no matter who is responsible for the accident. You may also qualify for disability benefits if your injuries have permanently cost you the use of a body part.
However, workers’ compensation does not cover other types of compensation you might recover through a successful personal injury claim, such as pain and suffering. To pursue these types of compensation, you must file a third-party lawsuit. But this is not always possible. Workers’ compensation was designed as a trade-off system. Employees can receive benefits regardless of fault. In exchange, they give up the right to file a liability claim against their employers. There are limited circumstances where a worker might be eligible to file a third-party claim. An experienced workers’ comp lawyer would need to evaluate the facts of the case first.
Do You Need Help with a Workers’ Comp Claim? Call Us Now
Still, have questions about workers’ compensation benefits in Pennsylvania? Contact Calhoon & Kaminsky P.C. today for a free initial consultation with a proven workers’ compensation lawyer.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
