The Basics of Workers Comp Benefits

Published on July 4, 2017 |

Author: Bruce Ginsburg

The Basics of Workers Comp Benefits

What if you were injured on the job or became sick due to dangerous chemicals or materials, would you know what to do?  Do you know that employers are required to have some type of workers comp insurance on all employees, full time and part time?  Workers comp is required in Pennsylvania and it is insurance that will cover your medical bills and pays your wages while you recover. If you become partial or totally disabled, this insurance coverage will pay you accordingly. In the event of a work-related death, these benefits will be paid to the beneficiary or dependents of the employee.

John Patrick Ryan the owner of JP Attorney has told about an incident of Worker’s Comp and have explained the importance of worker’s comp in one of his articles on Worker’s Comp:

Authorities announced on Jan. 28 that several people in California were indicted for defrauding the state’s workers’ compensation insurance system. The 13 indictments were handed to medical providers, doctors and attorneys who had allegedly taken $500,000 in illegal kickbacks for workers’ compensation claims. The alleged scam is reported to be one of the largest cases of fraud in the history of the California Department of Insurance.

Workers Comp Benefit Coverage

Benefits coverage for an employee begins the first day of employment.  Other local and state laws differ, however in Philadelphia, Pennsylvania the law provides several types of workers comp benefits such as payments for lost wages, death benefits, specific loss, and medical care.

What Kinds of Injuries Are Covered?

The loss or permanent use of or all or part of:

  • Thumb

  • Finger

  • Hand

  • Arm

  • Leg

  • Foot

  • Toe

  • Sight

  • Hearing

It also includes serious or permanent disfigurement of:

  • Head

  • Face

  • Neck

Any of these injuries occurs while at work or during the course of your job, you may be entitled to benefits because of the workers comp laws in Philadelphia, Pennsylvania.

How Soon Do I File A Claim If I Am Injured?

Depending on the severity of the injury or situation, you need to report the accident to your employer immediately and provide the date, place, and time of the injury.  This report needs to be done within 21 days of the injury. Failure to report the injury can result in your claim being denied.  In a position where you have been exposed to a hazard or hazardous materials, you must file a claim within 300 weeks from the last exposure and a petition be filed within 3 years from the date of the disability. The workers comp laws are complex and you may want to retain an attorney.

Reimbursement For More Than Lost Wages

Besides a percentage of the wages, workers comp will pay for:

  • Medicine

  • Supplies

  • Hospital treatment and services

  • Orthopedic appliances and prostheses

One or any of these services for the injured employee will be covered as long as they are needed. And the employee cannot be charged the difference between the healthcare provider charge and the amount paid by the employer’s workers comp insurance carrier.

How Quickly Does Workers Comp Pay?

Benefits are payable on the 8th calendar day after your injury, once you have missed 14 days, you will be entitled to receive retroactive wages for the first missed 7 days, and you should receive your first compensation check within 21 days.  This is based on you reporting your claim promptly. 

Worker comp claims require certain work comp forms to be filed, and other documentation as they investigate your claim. The law can be complex and in your injured state, you may want to have an attorney handle the case to ensure that your petition is filed correctly and you will be paid while you are unable to work. 

Many injured employees utilize the services of an experienced worker’s comp attorney for everything from filing the claim to fighting for full coverage and medical expense reimbursement. In the event you were denied a workers’ comp claim, or have lost a family member in a work related accident the personal injury attorneys at Ginsburg & Associates offer free consultations on Workers Comp law in Pennsylvania and New Jersey.

Ginsburg & Associates have also been able to help injured workers in Workers Comp cases to find liability for an independent company that may have caused the injuries.  We have been able to help clients who have suffered serious injuries including broken bones, surgery, wrongful death, head injuries, spinal injuries and brain injuries.  These injuries may be from a motor vehicle accident, premises liability, work site injuries or products liability.  When you suffer serious injuries, always call Ginsburg & Associates.

photo credit: Highways Agency via photopin cc

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