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WORKERS’ COMPENSATION The Workers' Compensation Act
provides for the payment of benefits to workers injured on the job. Injuries
include occupational diseases and any aggravation or acceleration of a non-work
related condition that reduces your ability to work or results in death.
Benefits to the employee may occur in the following forms: 1.
Weekly compensation to the disabled worker. 2. Related hospital,
surgical and medical expenses. 3. Death benefits to a
deceased worker's dependents. WHO
IS COVERED BY WORKERS’ COMPENSATION? Workers' compensation
applies to all employees with the exception of casual workers performing
services not related to an employer's business or persons employed in a limited
function. Domestic service workers are also excluded unless the employer has
purchased workers' compensation insurance coverage. Corporate officers may elect
to not be covered. WHAT
INJURIES ARE COVERED? All injuries that arise in
the course of employment and are related to that work are covered regardless of
the worker's previous physical condition. Categorized occupational diseases are
also covered as well as aggravations of prior pulmonary difficulties resulting
from an employee's continued exposure at the work place. The law applies to all
injuries occurring in Pennsylvania as well as occupational diseases resulting
from exposure while working within the state. For claims arising from coal
workers' pneurnoconiosis, silicosis and asbestosis, the Act requires an
aggregate employment of at least two years in Pennsylvania during the 10 years
prior to disability under certain circumstances. An employee's negligence
will not preclude him/her from receiving compensation for the injury However,
compensation will not be paid for injury or death which was intentionally
self-inflicted or the result of an employee's violation of the law. In general,
injuries caused by a third person are covered as long as they occur in the
course of employment. IS
AN EMPLOYER REQUIRED TO PAY COMPENSATION? Yes. It is required by law
that all employers provide payment of workers' compensation except in cases
where employees are not specifically covered. An employee cannot contract away
his rights to compensation.
WHEN
WILL I RECEIVE WORKERS' COMPENSATION? Generally, compensation is
paid beginning with the eighth day of the disability. Compensation will not be
paid for the first seven days unless your disability lasts longer than 14 days.
The first payment of compensation must begin no later than the 21st day after
your employer knew of your injury. If you have not received compensation within
that time, you should call the Bureau of Workers' Compensation. If you do receive a Notice
of Compensation Payable, a Temporary Notice of Compensation Payable, or are
asked to enter into an Agreement for Compensation, make sure that the
description of the injury or disease and all of the statements in the Notice or
Agreement are correct. Any corrections should be made through the Bureau of
Workers' Compensation. HOW
LONG WILL THE BENEFITS CONTINUE? Full disability payments
will continue as long as the employee is totally disabled. Partial disability
may be paid if an injury does not result in complete loss of earnings, but it is
generally paid for a period not exceeding 500 weeks. However, for injuries that
occur on or after June 24, 1996, total disability benefits may not extend beyond
two years. In most cases that do not involve serious injuries, the worker is
less than 50 percent impaired according to AMA Guidelines, and the employer may
obtain an impairment rating exam. If the claimant, after an impairment exam, is
found to be less than 50 percent impaired under the AMA Guidelines, benefits
will be limited to partial disability. Unless it is established that the
claimant has earning power, partial disability is paid at the total disability
rate for 500 weeks. Partial disability may also
be paid if a claimant returns to work but does not receive earnings equal to the
pre-injury wages. The period of payment cannot exceed 500 weeks, which is a
little more than 91/2 years. IF
I RECEIVE COMPENSATION, CAN I STILL SUE MY EMPLOYER? No. Because the law makes
the employer responsible for a worker's injuries regardless of the employee's
carelessness, the law also provides that employees do not have the right to
recover from the employer in any legal action other than workers' compensation.
However, if the employer fails to provide for workers' compensation payments as
required by law, the employee can sue for damages. If your work injury is caused
by a third party that party is subject to a civil suit. If you are injured on the
job or suspect that you have an occupational disease, you should: ·
Report the injury or suspicion of disease immediately to your
employer, his/her representative or the person in charge of your job. If you are
unable to do so because of the injury, your union representative or another
person may notify the employer for you. ·
Report the injury to your union representative or call the
Bureau of Workers' Compensation at 1-800 482-2383. ·
Get medical treatment. If you need medical attention, ask for
it immediately Make sure that you report to your physician the time that the
injury occurred at work and that you take note of related dates and keep copies
of all medical bills. You may go to the physician of your choice unless a list
of at least six health care providers has been posted by the employer for
workers' compensation purposes. In this case, you must seek treatment from one
of these six providers during the first 90 days after your injury. After that
time you may go to the provider of your choice, but the provider must file
periodic reports to your employer outlining your progress. ·
Act quickly. The law requires that you give notice to your
employer of an injury within 21 days of the injury and no later than 120 days
after the injury. This means that, if you report the injury to your employer
within 21 days, you will receive compensation dating from the day of the injury.
If you do not report the injury to your employer until after 21 days but within
the 120 day limit, you will only receive compensation dating from the day that
you reported the injury to your employer. In addition, you must bring your claim
within three years of the date of injury Failing to meet these time requirements
may result in a denial of your claim. Your
employer is required to issue a Notice of Workers' Compensation Denial within 21
days if compensation is not to be paid or, alternatively a Temporary Notice of
Compensation Payable may be used by your employer for not more than six weeks of
compensation. If you are denied compensation, you should file a claim petition
with the Bureau of Workers' Compensation in Harrisburg or at the nearest
district workers' compensation office. WHAT
SHOULDN'T I DO? ·
Do not sign any incomplete papers. ·
Do not sign any papers or statements unless you completely
understand them. ·
Do not sign any written statements about your injury or
exposure to disease unless you have a witness, union representative, or your
attorney present and you fully agree with the written statements. Always get a
copy of any statements you sign. ·
Do not sign any Supplemental Agreements unless they correctly
represent the current status of your disability. It may also help to have the
Supplemental Agreement reviewed by a lawyer. ·
Do not sign a Final Receipt of compensation unless you are
fully recovered from your injury. WHAT
IF I NEED ASSISTANCE? If you have questions about
workers' compensation, your union representative or the Bureau of Workers'
Compensation may be able to help. The Bureau can be reached at 717-783-5421, or
toll free at 800 482-2383. Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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