Talk to a Certified Specialist
Injured workers have rights. If you have been injured at work, a Pennsylvania workers’ compensation attorney at Shollenberger Januzzi & Wolfe, LLP, can provide legal advice and guidance on moving forward with a workers’ compensation claim. With offices in Harrisburg and Enola, we represent injured workers throughout central Pennsylvania. Our workers’ comp lawyers can assist with filing a workers’ compensation claim, disputing a workers’ compensation claim denial, and navigating the workers’ comp appeals process.
We do not charge any fees for advising you. We never charge a fee of any kind unless you retain our services and our lawyers successfully obtain benefits for you.
Filing a Claim In Pennsylvania
If this is the first time you have suffered a workplace injury or occupational illness, knowing how to get workers’ compensation benefits can be difficult. That inexperience can lead to mistakes that may cause your claim to be denied.
You do not have to go through the workers’ compensation claims process alone. Our lawyers are here to stand by you and your family to ensure that your best interests are protected and you are able to move forward with your life.
Steps to Filing a Workers’ Compensation Claim
The steps you take immediately after an injury at work can significantly affect your workers’ compensation claim. Important steps to successfully obtain workers’ comp benefits in Pennsylvania include:
- Notice to your employer: By law, you must notify your employer of any injury that occurs on the job within 120 days. However, our experienced workers’ compensation attorneys encourage you to notify your employer immediately, ideally immediately after the work injury occurs.
- Filing a Notice of Compensation: If your employer or insurer accepts the injury, it will file a Notice of Compensation Payable (NCP) with the Pennsylvania Bureau of Workers’ Compensation. Once the NCP is filed, you will receive workers’ compensation benefits.
- Claim investigation: If your employer or insurer wishes to investigate the claim further, it may file a Notice of Temporary Compensation Payable (NTCP), which is good for up to 90 days of benefits. If the employer allows the 90 days to run, the NTCP will automatically become an NCP. If the employer or insurer chooses to deny responsibility, it may file a Notice Stopping Temporary Compensation Payable (NSTCP) at any time within the initial 90-day period.
It’s important to know that just because you receive benefits doesn’t mean that your employer or insurer has accepted the claim. Before stopping a claim, your employer or insurer will typically send you for an independent medical examination with a doctor it chooses.
Types of Workers’ Compensation Benefits Available
Pennsylvania workers’ compensation offers a variety of benefits for workers who are injured on the job or suffer from occupational diseases. In Pennsylvania, workers’ compensation benefits include:
- Lost wages (or indemnity) benefits: As long as you cannot work or can only work part-time, you are entitled to a weekly check from workers’ compensation. This benefit generally equals two-thirds of your average weekly wage, with a maximum and minimum benefit. Your lost wages benefit is tax-free. However, it will never increase over time, even if you receive a pay increase at work.
- Medical benefits: You will receive medical benefits for treating your work injury or disease. However, there are certain restrictions. For example, you must seek treatment from a doctor on your employer’s workers’ compensation panel for the first 90 days following your injury. After 90 days, you can choose your own doctor. Your employer can challenge the payment of your medical benefits by requesting what is known as a utilization review.
- Specific loss benefits: If you suffer loss of a body part or loss of use of a body part, you are entitled to a cash award for the specific loss. Specific loss benefits are also available for blindness or loss of hearing, whether total or partial.
- Death benefits: If the worker dies within 300 weeks of a work injury, family members may be entitled to receive the former worker’s lost wage benefits and burial expenses.
Either you or your employer/workers’ compensation carrier may choose to settle your case for a lump sum payment at some point in the process. However, neither side can force the other to settle the case. You can settle your lost wages benefit, your medical benefits, or both. You should seek legal advice before you choose to settle your case.
Third-Party Responsibility for Workplace Injuries
Workers’ compensation is designed to provide benefits such as medical care and lost wages if you are injured at work, regardless of fault. In exchange for these benefits, workers generally cannot sue their employers or co-workers except in very, very limited circumstances. In some cases, however, on-the-job injuries are caused by third parties – people or entities who do not work for your employer. This is especially true in construction sites, job-related vehicle accidents, and industrial workplace accidents. If a third party injures you, you may have both a workers’ compensation and personal injury claim, for example:
- Construction accidents: Many construction accidents involve both a workers’ compensation claim and a personal injury claim.
- Job-related vehicle accidents: If the accident was caused by someone else, you may have both a workers’ compensation claim and a personal injury claim against the driver who hit you.
- Industrial product defects: If your injury was caused by dangerous or defective equipment, you may have a claim against the manufacturer in addition to your workers’ compensation claim.
In addition, many workers who operate as independent contractors may be regarded as employees for the purposes of workers’ compensation eligibility. If your injuries are serious enough to keep you out of work for a year or longer, our lawyers can assist you with applying for Social Security Disability or other disability benefits.
Who are Third Parties?
A third party is a person or entity that does not work for your employer. The following are examples of third parties in worker injury cases:
- Another driver in a car accident that occurs while you are working
- A property owner, subcontractor, or subcontractor at a construction site
- The company that manufactures or installs factory equipment
- A delivery truck driver
- The company that manufactures or sells chemicals used on your job
- A customer or vendor who injures you
Filing a personal injury claim allows you to obtain compensation for losses not covered by workers’ compensation benefits, such as pain and suffering.
How Does a Personal Injury Lawsuit Affect Your Benefits?
The Pennsylvania Bureau of Workers’ Compensation has the right to place a lien on any recovery you make from a third party. Therefore, it’s important to seek help from an experienced attorney before accepting any personal injury settlement offer. Our attorneys can ensure you keep your personal injury settlement as much as possible.
Navigating an Appeal for Workers’ Compensation
Unfortunately, denials and disputes are commonly part of the workers’ compensation process. If you have received a Notice of Workers’ Compensation Denial (NWCD) or are having a dispute about whether or not your injury was work-related, it doesn’t mean that all hope is lost. Our workers’ compensation lawyers can help you pursue an appeal.
The steps to appeal a denied workers’ compensation claim include:
- File a Claim Petition with the Workers’ Compensation Bureau in Harrisburg.
- The bureau will assign your petition to a workers’ compensation judge based on the county in which you live.
- A workers’ compensation judge will schedule a hearing.
The litigation process can be long and drawn out. Generally, the judge will not make his or her determination until after a series of hearings, which can take up to one year. You can still appeal the decision if the judge rules against you. However, in most cases, the settlement is reached.
Frequently Asked Questions About Workers’ Comp
Our Pennsylvania workers’ compensation attorneys have represented thousands of clients for over three decades. Here are some questions our lawyers frequently answer:
How soon should I report a workplace injury?
While you have 120 days to make an official report of your injury to your employer, supervisor, or manager, it benefits you to make a report immediately. Delays in making an injury report can create delays if you make a workers’ compensation claim.
How long do workers’ compensation benefits last in Pennsylvania?
Injured workers are entitled to medical benefits for work-related injuries and illnesses through workers’ compensation for as long as it is deemed medically necessary. The length of time you can collect wage-loss benefits varies according to your injuries. Still, you can generally collect wage-loss benefits for as long as you are deemed unable to work due to your injuries, for a maximum of 500 weeks. However, if a physician determines your work injuries to have impaired you at a level equal to or greater than 35% of a total body disability, you would be entitled to permanent compensation benefits.
Is everyone covered under workers’ compensation in Pennsylvania?
Most employees in Pennsylvania are eligible for workers’ compensation benefits. Workers exempt from these benefits are those who are already covered or receiving benefits, those who request an exemption on religious grounds, executive officers who request an exemption, and some real estate salespeople.
How is workers’ compensation calculated in Pennsylvania?
Typically, workers’ compensation provides injured employees with two-thirds of their average weekly wage in benefits. Exceptions to this would include independent contractors and certain other workers, such as babysitting and agricultural workers who work less than 30 days per year. The test for determining who an independent contractor is is very specific and technical, and it is best to speak with an experienced workers’ compensation attorney to review this analysis.
Can my workers’ compensation benefits be changed or terminated?
There are many ways workers’ compensation benefits can be altered or denied. For example, if an employee is believed to work despite their injuries, then an insurer may try to lower or terminate benefits. If you risk losing your workers’ compensation benefits, you can contact one of our attorneys to represent your interests.
Is there a difference between third-party claims and workers’ compensation claims?
Workers’ compensation is a no-fault system, meaning the fault of an injury does not need to be proven to gain benefits. It is generally an injured employee’s exclusive remedy against their employer. A third-party claim is a personal injury suit against any other party contributing to your injuries but requires proof of fault.
Work With Attorneys Who Specialize in Workers’ Compensation
Attorney Karl Januzzi is a certified specialist in workers’ compensation law (as authorized by the Pennsylvania Supreme Court) through the Pennsylvania Bar Association Section on Workers’ Compensation Law. He is widely recognized as one of central Pennsylvania’s foremost attorneys in this area of law. He has also served as a lecturer for the Pennsylvania Association for Justice, educating other attorneys about the 1996 amendments to the state’s workers’ compensation law.
Contact a Pennsylvania Workers’ Compensation Attorney
For trusted advice about your legal options after a workplace injury, call our Harrisburg or Enola office or complete our online contact form to schedule a free consultation.