Since 1915, Pennsylvania has empowered the Department of Labor & Industry to operate a workers’ compensation system. This system is designed to pay injured workers for their medical treatment. It also allows employers to avoid the cost of litigating personal injury claims with their employees.
The benefits common in a workers’ comp case differ from the damages in an injury lawsuit. These benefits are closer to a payout from an insurance claim. However, many claims are opposed by employers, as they commonly lead to insurance premium spikes.
If you sustained an injury at work, a Philadelphia workers’ compensation attorney might be able to help fight for your rights to pursue recovery. While it is possible to file a claim on your own, a seasoned Philadelphia personal injury lawyer will work tirelessly to collect the adequate evidence and compile a thorough compensation claim.
Who is Eligible for Benefits?
Not every person injured at a job site is entitled to workers’ compensation benefits. Under Pennsylvania law, only employees receive coverage from workers’ compensation laws. This distinguishes full-time workers from part-time or freelance workers—who may not qualify to file a claim.
There are other limitations on whether or not an employee may file a compensation claim, as well. For example, to be eligible for benefits, an employee must have been acting in furtherance of their employer’s interests at the time of the accident. So, if an employee is off work and suffers an injury, they would not be eligible.
An injured employee does not have to be on the premises of their employer to recover compensation, however. Workers’ comp laws also cover employees whether they are on the factory floor, walking through a corporate office, or even driving a vehicle on their employer’s behalf.
Benefits Available in a Workers’ Comp Claim
The types of benefits commonly available with a successful claim start with medical expenses. These benefits aim to repay an injured worker for the cost of hospital stays, medical equipment, lab tests, and follow-up visits.
An injured worker may also receive benefits for partial disability. Partial disability is compensation for a worker that is unable to return to the job due to injury. Because these injuries are temporary, partial disability benefits are capped, however. When injuries prevent a worker from ever returning to their job, total disability benefits may be available. These benefits compensate an injured worker for their time away from work and, unlike partial disability, can last a lifetime.
Additionally, a worker may also collect permanent injury payments. These payments compensate a worker for the loss of a specific body part. Depending on the circumstances, these payments could be temporary or permanent. Lastly, there are also benefits designed to assist the surviving family members of employees that suffer fatal work injuries. The family may recover these benefits as long as the death of their loved one occurred no more than 300 weeks following a work-related injury.
Meet with a Philadelphia Workers’ Compensation Lawyer
Determining if a person is entitled to workers’ compensation benefits can be complicated. If the employer decides to fight the claim, they will likely go to great lengths to avoid liability.
This can involve the extensive use of a Philadelphia personal injury lawyer to slow the claim process down and discourage you from pursuing benefits. However, with the help of a Philadelphia workers’ compensation lawyer, you may be able to recover the benefits you need to get your life back in order. Contact us to learn more.