Philadelphia Workers’ Compensation Attorneys
Trustworthy and Responsive Lawyers Fighting for Your Benefits
At Rubin & Badame, Attorneys at Law, P.C., we are a team of trustworthy and responsive litigators who will fight tirelessly for your right to workers’ benefits. Especially in the face of a work-related injury, you deserve full and fair compensation for any medical expenses or lost wages caused by the incident. For experienced and aggressive trial representation in your Philadelphia workers’ compensation claim, work with our team at Rubin & Badame, Attorneys at Law, P.C.
What Is Workers’ Compensation?
Employers agree to compensate their employees for almost all employment-related injuries and illnesses regardless of fault. This agreement is known as workers’ compensation. In Pennsylvania, anyone who performs services for another in exchange for something of value is considered such an employee and is therefore eligible for workers’ compensation benefits.
Exceptions include domestic and casual workers and certain individuals who may elect not to be covered, such as some executive officers. Employees are covered for injuries sustained on or off the premises as long as they are acting in furtherance of the business affairs of the employer. For instance, a worker who breaks their leg at a mandatory, off-site company retreat may receive workers' compensation (however, if intoxication was involved, they will not be eligible for compensation).
How to File for Workers' Compensation
If a person has been injured, they should first seek immediate medical attention and inform the provider that their injury or illness is job-related. Within 21 days, the injured person should inform their employer of the injury and where and when it occurred to receive benefits as soon as possible. Waiting more than 120 days could bar a workers’ compensation claim.
After informing the employer of the injury, they and the insurer must investigate the injury and, within 21 days, either deny the claim or begin making payments equal to two-thirds of the injured person’s weekly wage. The employer may require the person to see a designated health care provider for 90 days and may also request that they be examined by a designated health care provider or expert at any time after the injury.
4 Types of Benefits in Pennsylvania
There are 4 different types of benefits Pennsylvania’s workers’ compensation laws provide, depending on the nature and severity of the work-related injury.
- Medical Care
- Temporary Disability
- Permanent Disability
- Death Benefit
The first kind of benefit is health care expenses, which requires employers to pay for related reasonable medical services for the injured person, such as surgery, doctor visits, medicine, hospital services, protheses, medical equipment, lab tests. Note that the injured individual may not be charged the difference between the health care provider’s charge and the amount paid by the employer; the employee should have no standing bills.
In the case of a work injury that leads to partial disability, the injured employee is eligible for benefits for a maximum of 500 weeks. If the person has been severely injured to a status of total disability, there is no time limit for how long they may receive benefits, as they are considered totally disabled and unable to work. An employee who has experienced the permanent loss of a body part, such as a hand or disfigurement of the head, may be entitled to a specific loss award for a specified duration of time.
In the tragic event that an individual suffers a fatal accident while on the job, death benefits may be paid to the spouse, minor dependents, or the closest surviving dependent if the employee dies from their work-related injury or illness.
Important Filing/Notification Deadlines
It is important to keep in mind certain deadlines when preparing to file a workers’ compensation claim. More specifically, be aware of the notification timelines related to the work injury:
- 21 days to give notice of work-related injury to employer; after 120 days, claim is time-barred;
- on or after 7th day of injury, employer and employee may agree upon compensation;
- 3 years to file claim petition seeking benefits for injury.
If the employee and the employer cannot agree on compensation, they should file a petition within 3 years to have the case heard by a workers' compensation judge. The judge will set a mandatory schedule for presenting evidence, attending hearings, and attending a mediation conference. An attorney can better help with this process efficiently.
Call (610) 595-4917 for Legal Help Today
If you have been injured due to your performance of work duties in Philadelphia, you are entitled to workers’ compensation that can cover lost wages and medical expenses. The attorneys at Rubin & Badame, Attorneys at Law, P.C. can take a look at your situation and help you figure out your next steps to obtain your rightful compensation.
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