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Workers’ Comp FAQ

H. Rosen Law, P.C. Feb. 15, 2023

Workers compensation form on a tableIf you have been injured on the job in Pennsylvania, you may be entitled to workers’ compensation benefits. You may have a lot of questions about how the process works and what rights you have as an injured worker.  

Our workers’ compensation attorney at H. Rosen Law, P.C., can help explain the law and the ins and outs of Pennsylvania’s workers’ comp system to ensure that your rights are protected throughout the claims process. We can help you navigate all aspects of the workers’ comp claims process in Philadelphia, Harrisburg, Scranton, and throughout Southeastern Pennsylvania. Set up a consultation with our firm to get started. 

Frequently Asked Questions About Workers’ Comp 

Filing for workers’ compensation can seem intimidating, but knowing answers to these frequently asked questions can help make the process easier and less overwhelming:  

Who qualifies for workers’ compensation? 

In Pennsylvania, if you suffer an injury or illness due to your job, you may qualify for workers’ compensation benefits regardless of who was at fault. You must report your injury within 120 days from the date of the workplace accident or diagnosis. The benefits available include payment of medical expenses, lost wages, and rehabilitation services, among others.  

How long do you have to file a workers’ comp claim in Pennsylvania? 

You must report your injury within 120 days of it occurring in order to receive workers’ compensation benefits in Pennsylvania. If you fail to do so, it could result in a denial of your claim and loss of benefits. It is important that you act quickly and file as soon as possible after the incident takes place. However, Pennsylvania law also requires employees to file a notice of the injury to their employer within 21 days of the incident.  

Can your workers’ comp claim be denied?  

Yes, your workers’ comp claim can be denied. Some of the common reasons a workers’ compensation claim can be denied include:  

  • The insurance company believes that the injury does not qualify for coverage;  

  • The insurance company believes that the injury did not occur at work;  

  • The insurance company believes that the employee engaged in horseplay, intentional neglect, or was intoxicated by alcohol or drugs at the time of the incident; and  

  • The insurance company believes there is insufficient evidence to prove that the employee was actually injured on the job.  

Any denial should be reviewed by an attorney before taking further action. 

Can you go to a doctor of your choice? 

In Pennsylvania, you cannot simply go to a doctor of your choice right away. Instead, Pennsylvania law requires injured workers to seek treatment with one of the doctors from their employer’s list of healthcare providers in order to be eligible for workers’ comp benefits. This requirement lasts for 90 days after the date of the worker’s first visit. After 90 days pass, the injured worker may be able to go to a doctor of their choice.  

What to do if your employer retaliates against you for filing?  

Retaliation against an employee who has filed a workers’ comp claim is illegal in Pennsylvania and can result in serious consequences for employers who engage in such behavior. Retaliation can take many forms including firing, demotion, suspension, harassment or intimidation tactics by supervisors or co-workers, and other forms of discrimination based on filing a claim. If this happens to you, contact a skilled attorney immediately so they can help protect your rights under state law.   

Are you entitled to compensation if the injury was partially your fault? 

Yes, you may be entitled to workers’ compensation if you were partially or even fully at fault for your workplace accident or work-related illness because Pennsylvania’s workers’ compensation system is a no-fault system. However, there may be some exceptions to this rule (e.g., if the employee engaged in horseplay or intentional neglect).  

What benefits are injured employees entitled to? 

Injured employees may be entitled to a number of benefits. These can include medical treatment for their injury or illness, reimbursement for their loss of wages due to time off from work, and disability payments if they have permanent disabilities resulting from their injury or illness. In some cases, death benefits may also be available if the employee dies due to workplace injury or illness. 

What if you have pre-existing medical conditions? 

In most cases, employers must provide coverage for any work-related injuries that aggravate pre-existing medical conditions, even if those conditions existed before the employee started to work with the company. This means that as long as an employee’s pre-existing condition was made worse by a workplace incident, they should be eligible for workers’ compensation benefits regardless of when the condition began. 

How long will it take to receive workers’ compensation benefits? 

The amount of time it takes for an employee to receive workers’ compensation benefits depends on a wide range of factors, including how quickly an employer responds to a claim and whether there are any disputes over the claim’s validity or amount.  

Do you need an attorney to file a workers’ compensation claim? 

Yes, working with an attorney when filing a workers’ compensation claim can positively impact your case. With the help of an attorney, you can get the benefits you are entitled to. Your attorney will help you navigate the workers’ compensation system and represent your best interests every step of the way.  

Understand Your Workers’ Compensation Case 

Having an experienced attorney on your side can provide peace of mind during this difficult time by making sure that all aspects of your case are handled properly and efficiently so that you can pursue the best possible outcome. Reach out to our workers’ compensation attorney at H. Rosen Law, P.C., for personalized legal assistance with your claim. Contact our office in Philadelphia, Pennsylvania, to set up a free case review.