How Much Does Workman’s Compensation Pay For a Back-Injury in Philadelphia?
Suffering from a back injury in the workplace can come with disability and lost wages. Filing a workers’ compensation claim is the best way to get what you deserve from an employer after an injury.
You deserve to get the money you need to protect your quality of life after a workplace accident. Contact a Pennsylvania workers’ compensation lawyer today to get started and learn more about how to protect your rights as a worker in Philadelphia.
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Table of Contents
- Pennsylvania Worker’s Compensation Law
- Workplace Injury Statistics
- What Does Worker’s Compensation Pay For?
- How Can I File a Worker’s Compensation Claim in Philadelphia?
- How Long Do I Have To File a Workers’ Compensation Claim?
- How Can a Philadelphia Worker’s Compensation Attorney Help Me?
- Contact a Pennsylvania Workers’ Compensation Attorney Today
Pennsylvania Worker’s Compensation Law
Pennsylvania workers’ compensation law protects workers if they suffer an injury while performing job duties. The laws cover certain workers. Employees are generally automatically covered by workers’ compensation benefits. On the other hand, agricultural workers are not automatically covered. Agricultural workers may be eligible for benefits under certain circumstances if they meet specific requirements. Further, independent contractors are not generally covered by the Pennsylvania Workers’ Compensation Act but might be covered if the independent contractor is treated like a normal employee.
Workplace Injury Statistics
Like other states, Pennsylvania sees its fair share of workplace injuries. Being a major metropolitan area, Philadelphia workers are also exposed to increased odds of workplace accidents and injuries.
The Pennsylvania Department of Labor and Industry and the National Council on Compensation Insurance report that workers in healthcare, construction, transportation, and manufacturing report the most injuries annually across the state. Statistics show that musculoskeletal injuries, including back injuries, are the most common among workers who reported workplace injuries.
Specifically, workers in Philadelphia face a risk of injury. Large urban cities like Philadelphia tend to follow statewide trends for serious workplace injuries. General trends for serious workplace injuries are usually present in the construction and healthcare industries, with slips and falls being the common cause.
Healthcare
Because Philadelphia is a large metropolitan city, there are many healthcare institutions and healthcare-related jobs throughout the city. Healthcare workers are at significant risk for back injuries, especially from lifting patients.
Construction
Philadelphia construction workers are at a high risk of back injuries. Because Philadelphia has dense construction activity and is close to large manufacturing plants, injuries in the construction industry are especially due to falls, repetitive injuries, and equipment failure.
Treating a workplace injury can be expensive. Depending on the severity of your injuries, you might be out of work for an extended period. Working with a worker’s compensation attorney is the best way to get what you deserve after a workplace injury.
What Does Worker’s Compensation Pay For?
The purpose of worker’s compensation laws and benefits is to ensure that injured workers recover from the losses they sustained in the workplace. Here are some compensation you can expect after a workplace injury.
Medical Benefits
Back injuries are severe and often require significant medical treatment. Having a medical team can be very expensive. Pennsylvania worker’s compensation law allows injured workers to receive the care they deserve. There is no limit to the number of medical benefits you can receive as long as the treatment is deemed related to your work injury. Examples of covered medical care include:
- Medical equipment
- Prescriptions
- Physical therapy
- Surgeries
- Doctor visits
Lost Wages
Pennsylvania workers’ compensation covers lost wages after a workplace injury. After a back injury, you can recover either temporary total disability or temporary partial disability benefits.
In Pennsylvania, employees may receive total temporary disability benefits if they are unable to work due to their workplace back injury. Temporary total disability benefits give injured workers two-thirds (or 66.67 percent) of their pre-injury average weekly wages up to the maximum statewide limits. In 2024, the Pennsylvania maximum statewide limit for temporary total disability benefits is set at $1,273 per week. The maximum statewide limit for weekly benefits can change annually based on the average weekly wages for workers across the state.
Temporary partial disability benefits are available for injured workers who can return to work at a limited capacity. Some workers will return to work, completing what is considered “light duty work.” If light-duty work has you making less money than your pre-injury wages, you may receive temporary partial disability benefits. Pennsylvania’s temporary partial disability benefits are calculated based on the difference between your pre-injury and post-injury earnings.
Permanent Partial Disability or Permanent Total Disability
Injured workers might be permanently disabled. Pennsylvania worker’s compensation law allows permanently disabled workers to be categorized into either partially or totally disabled.
Permanent partial disability is available if you cannot work any longer because of your back injury. The permanent partial disability pay rate may be based on a schedule for permanent impairment.
Permanent total disability benefits are generally equal to the maximum temporary total disability rate and are available if the injury prevents you from ever working again.
Special Considerations
There are special considerations in worker’s compensation benefits after a back injury. Ask yourself if your back injury requires that you make a permanent change in your work capacity. Lost earning capacity might require that you receive accommodations to continue working, and additional benefits might be available in those cases. In some cases, workers may negotiate a lump sum settlement for their injuries, especially if they suffer permanent disability.
After a back injury at work, you deserve to recover financially from your losses. Hiring a Philadelphia worker’s compensation lawyer to learn more about your right to recover and how to protect yourself legally and financially. Do not delay. Contact an attorney immediately.
How Can I File a Worker’s Compensation Claim in Philadelphia?
It is vital to properly file a worker’s compensation claim to receive all the benefits you are entitled to after a workplace accident. Here is the typical process for filing a worker’s compensation claim in Philadelphia.
First, Pennsylvania state law requires injured employees to report their accident immediately. Failure to report the injury within 21 days of the accident may impact your ability to recover certain workers’ compensation benefits. In Pennsylvania, employers must decide whether to accept or deny your claim within 21 days of reporting your injury. If your employer denies workers’ compensation benefits, you can file a Claim Petition with the Workers’ Compensation Bureau.
Pennsylvania law requires employers to carry workers’ compensation insurance or to be self-insured. Failure to have the proper insurance may subject the employer to penalties.
Pennsylvania employers must file a report to their insurance carrier and the Pennsylvania Bureau of Workers’ Compensation if an injury results in lost time from work or medical treatment.
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How Long Do I Have To File a Workers’ Compensation Claim?
Injured workers do not have unlimited time to file a workers’ compensation claim. Pennsylvania law limits the amount of time workers may file a claim to three years from the date of the injury. At the same time, the statute of limitations is typically a strict rule. However, this timeline can be extended in certain situations, such as for occupational diseases or if the injury was not immediately obvious.
How Can a Philadelphia Worker’s Compensation Attorney Help Me?
If you suffered an injury at work, here is how an experienced Philadelphia worker’s compensation attorney can help.
Determining Your Eligibility
Not all workers are automatically eligible for workers’ compensation benefits. A lawyer will help assess your claim and evaluate the facts of your accident and the details of your injury. Your attorney can help determine if your case is eligible for compensation.
Avoiding Common Mistakes
An attorney can help identify and avoid common mistakes when dealing with workers’ compensation. Many workers can make mistakes that can hurt their claim, such as failing to report the injury, failing to complete medical treatment, or accepting lowball settlement offers. A lawyer can help avoid these common errors and guide you through the claims process.
Determining Third-Party Liability
Some employers might try to shift the blame onto a third party. Your legal team can help ensure that anyone who shares the blame for your injuries takes accountability for your compensation. Contact an attorney to learn more about how to hold your employer and potential third parties accountable for their actions.
Navigating The Claim Filing Process
The claims process for workers’ compensation can be overwhelming. An attorney can help you get through the claim process. An attorney can help complete all necessary forms, including a Claims Petition, and ensure that all required documentation is accurately completed and submitted timely.
Maximize Wage Loss Benefits
You will want to ensure you get what you deserve after a workplace injury. An attorney can ensure that your benefits are calculated correctly, and they will help with cases involving fluctuating wages, overtime, or multiple sources of income if you have more than one job.
Ensuring Proper Medical Care
Getting your injuries fully treated is essential while a workers’ compensation case is pending. The insurance company may limit your treatment options or deny certain treatments. A workers’ compensation lawyer can ensure your medical needs are met, working with your employer and insurance company to approve necessary treatments. If you require long-term or chronic care, your attorney will ensure that your workers’ compensation benefits cover medical treatments such as physical therapy, surgeries, and medications.
Handling Complex Medical Care
If your injuries result in a permanent disability (like an amputation or permanent loss of function), your lawyer will ensure that you receive appropriate compensation. It can include lump sum payments or ongoing wage-loss benefits based on the severity of your disability.
Fighting for a Fair Settlement
Your attorney will work hard to ensure you receive a full and fair settlement for your workplace injury. Insurance companies may offer a settlement early to avoid paying out ongoing benefits. A workers’ compensation lawyer can review any offers you receive and help determine if it is a fair settlement and in your best interests.
Representing You in Hearing and Appeals
A workers’ compensation lawyer can help by representing you at your hearing. An attorney will present evidence, question witnesses, and present legal arguments on your behalf. If your case is denied, a workers’ compensation lawyer will assist by representing you in a workers’ compensation appeal. Contact an attorney immediately if you have suffered an injury at work.
Dealing With Claim Denials
An attorney can help file an appeal if your workers’ compensation claim is denied. One of the most common challenges in a workers’ compensation claim is if the insurance company denies the claim or disputes the severity of the injury. If these things happen, the insurance company might deny your claim. A lawyer will help respond to a claim denial, gather the necessary information and evidence, and file an appeal. A lawyer will also help prepare your appellate case to be presented to a workers’ compensation judge if disputes with the insurance company arise.
Addressing Workers’ Compensation for Fraud Claims
There is potential for workers’ compensation fraud. Insurance companies may accuse you of making a fraudulent claim. The insurance company might accuse you of exaggerating your injuries. An attorney can help protect your rights and ensure you are not unfairly targeted or accused of fraud.
An attorney can help react to underhanded insurance company tactics. Insurance companies are often motivated to settle claims for as little as possible. The insurance company might pressure you to accept a lowball settlement offer or deny benefits to injured employees. A workers’ compensation attorney understands insurers’ tactics and will help protect your rights.
Contact a Pennsylvania Workers’ Compensation Attorney Today
By consulting with a Pennsylvania workers’ compensation attorney, you can gain peace of mind knowing that you have knowledge and experience on your side. They will fight tirelessly to protect your rights and ensure that you receive fair compensation for your medical expenses, lost wages, and pain and suffering.
Speaking to an attorney is the best next step after a workplace accident. An attorney is the best advocate when recovering financially after a workplace accident. You are in charge of recovering after an accident. Put yourself in the best position available. Call a lawyer today to start down the road to full and fair financial recovery.