Suffering a foot or ankle injury on the job can be more than an inconvenience. Suddenly you’re saddled with pain, uncertainty, mounting medical expenses, and questions over how to make ends meet while you can’t work. The good news is that you could qualify for workers’ compensation benefits to offset the expenses incurred due to your injury. However, securing these benefits can be a challenge in Pennsylvania.
After a work injury, turn to the law firm of Calhoon & Kaminsky P.C. Our experienced work injury attorneys can guide you through the Pennsylvania workers’ compensation process. We can help you apply for benefits and avoid common mistakes that lead to unfair claim delays or denials.
Contact us today for a free consultation to discuss your situation with our attentive team.
What is Workers’ Compensation?
Workers’ compensation is a program that provides qualifying employees with benefits for medical treatment and partial wage replacement after a work injury in Pennsylvania. These benefits are available to eligible workers regardless of fault, meaning you do not have to prove anyone is to blame for your injury to get paid. Workers’ comp also pays specific benefits for life-changing injuries, such as a loss of the use of a foot or ankle.
Nearly all employees in Pennsylvania are entitled to workers’ compensation, with some exceptions. Speak to a knowledgeable lawyer immediately for advice on whether you qualify for workers’ compensation for a foot or ankle injury sustained on the job.
What Benefits Can I Receive Through Worker’s Compensation?
As an eligible employee in Pennsylvania, you could be entitled to a range of benefits through workers’ compensation insurance, including:
- Medical benefits – When an eligible worker sustains a work-related injury or illness, their employer is responsible for their necessary medical expenses. This includes doctor’s visits, surgical procedures, physical therapy, hospital treatments, prescription medications, and medical equipment.
- Wage-loss benefits for partial disability – If a worker is partially disabled, meaning they can return to work but can only accept a lower-paying job or work fewer hours, they can receive wage-loss benefits. These benefits equal up to two-thirds of a worker’s difference in pre- and post-injury income, subject to a set maximum under state law. Wage-loss benefits are available for a maximum of 500 weeks, which includes any payments received during a period of total disability. If a qualified physician assigns a worker an impairment rating of 35 percent or greater while on partial disability status, the worker can petition for total disability status.
- Wage-loss benefits for total disability – Pennsylvania workers who cannot work in any capacity while healing from their injuries could also receive wage-loss benefits amounting to two-thirds of the worker’s pre-injury average weekly income, up to a set weekly maximum. After 104 weeks of total disability status, employers or insurers can require workers to undergo medical exams to determine if they are at least 35 percent impaired. If the worker does not meet the 35 percent threshold, the employer or insurance company could change their status to partial disability.
- Specific loss benefits – Employees could be entitled to specific loss awards if they permanently lose the use of all or part of their thumbs, fingers, hands, arms, legs, feet, toes, vision, or hearing. Some workers can also claim these benefits for severe and permanent disfigurement of certain other body parts. These benefits usually come as lump-sum payments calculated based on the worker’s average weekly wage and the number of weeks assigned to the lost or impaired body part or function in a state schedule.
- Death benefits – In tragic instances where a worker’s injury results in death, their surviving dependents could be entitled to death benefits. These benefits cover costs like funeral expenses and a portion of the income the deceased workers would have earned.
What You Need to Know About Foot and Ankle Injuries
Ankle and foot injuries can disrupt your work and home life significantly. Ankle sprains, in particular, are a common yet often underestimated problem for workers. Each year in the United States, around two million people experience acute ankle sprains. Even worse, up to 40 percent of ankle sprains cause chronic symptoms that persist for at least a year after the injury.
When it comes to recovery, most mild to moderate ankle sprains will heal within seven to 15 days. Seeking further medical evaluation is essential if symptoms persist beyond this period. The last thing you want is to return to work and risk exacerbating the injury.
Foot and ankle injuries can have a substantial financial impact. In one recent year, more than 96,000 foot and ankle injuries resulted in lost workdays nationwide. The average resulting workers’ comp claim costs around $17,210 for ankle injuries and $15,762 for foot injuries.
Is There a Deadline for Filing My Workers’ Comp Claim?
Yes. If you’re considering filing a workers’ compensation claim in Pennsylvania, here are some key deadlines to know:
- Reporting a work injury to your employer – You must report any work-related injury to your employer within 21 days to receive retroactive benefits from the date of the injury. If you fail to report within 21 days, you could still receive benefits from the date you report the injury, provided that you report it within 120 days.
- Filing a workers’ compensation claim – If your employer denies your injury or fails to file a claim with their insurer, you have three years from the date of your injury to file a claim with the Pennsylvania Bureau of Workers’ Compensation.
- Filing a personal injury lawsuit – If you have grounds for a personal injury lawsuit against a third party, you generally have two years from the date of the injury to sue. This rule only applies to cases where the negligence of another party, not your employer, contributed to your injuries.
Missing a deadline could jeopardize your right to claim benefits. A trusted workers’ compensation attorney can help you take the proper steps within the necessary timeframes to avoid missing out on the benefits you need.
Are All Workers Eligible for Workers’ Comp?
Pennsylvania law requires almost all employers to provide workers’ compensation coverage for their employees. This law applies regardless of the number of employees an employer has and whether those employees are full-time or part-time. However, some employees are not eligible:
- Federal employees
- Stevedores
- Harbor workers
- Railroad workers
- Independent contractors
- Certain domestic workers
- Some agricultural workers
The categorization of workers can be complex and case-specific, so it’s wise to consult with a workers’ compensation attorney if you’re unsure of your eligibility.
Contact a Pennsylvania Workers’ Compensation Lawyer
Don’t let a workplace foot or ankle injury keep you down. The experienced attorneys at Calhoon & Kaminsky P.C. are ready to stand by your side and advocate for the money you need to get your life back on track. Contact us now for a free consultation with a proven workers’ compensation lawyer.
