West Chester Workers’ Compensation Attorneys
Compassionate and Trustworthy Advocates Fighting for You
Following a work-related injury or illness, you may be wondering what your next steps are for seeking compensation for your injuries. While you focus on your physical and mental recovery, let our attorneys at Rubin & Badame, Attorneys at Law, P.C. handle your workers’ compensation case in West Chester. You can trust us to treat you with compassion and attention, and we will do our best to fight for your right to benefits in the face of your work injury.
Who Gets Workers’ Compensation?
Pennsylvania’s Workers’ Compensation Act states that any person who sustains an injury or illness while performing their job duties as an employee, their employer must cover their relevant medical expenses and any wage-loss compensation benefits if they are unable to work. Nearly every Pennsylvania employee is covered by the Act, including seasonal and part-time employees, where an employee is anyone who performs services in exchange for something of value for the employer. However, be aware that workers’ compensation will not be required when the injury or death is intentionally self-inflicted by the injured employee or is caused by their violation of the law, such as the illegal use of drugs.
Note that it is critical to promptly report the work-related injury to obtain compensation. Within 21 days of the injury, the employee should notify their employer; after 120 days, the claim will be barred. Usually, after the seventh day of the injury, the employer and employee may agree on compensation and how to proceed. The statute of limitations for an injured employee is 3 years to file a claim seeking benefits with a workers’ compensation judge, but the sooner the person files the better, as the evidence will still be fresh and in strong favor of the plaintiff.
What Kinds of Benefits Are Covered?
Pennsylvania law provides several types of workers' compensation benefits, including benefits for medical care; wage loss; partial disability, total disability, specific loss, and death.
As mentioned above, an employee is entitled to have their employer pay for reasonable surgical and medical services related to the work-related injury. Medicine, supplies, hospital treatment and services, orthopedic appliances, and prostheses may be covered, and the employee should not have to pay any amount, including any difference between the health care provider's charge and the amount paid by the employer.
An employee may retain wage-loss benefits if they are totally disabled and unable to work or partially disabled and receiving wages less than their pre-injury earnings. Those with a partially disabled status may also be eligible for certain benefits for up to 500 weeks, and if a qualified impairment-rating physician determines their impairment is equal to or greater than 35%, they may file a petition for total disability status, where they may receive benefits for a specified amount of time depending on the case.
If someone has lost the permanent use of all or part of their limbs or face, they may be entitled to a specific loss award. If the injury results in death, the surviving dependents may be entitled to benefits.
In certain circumstances, occupational diseases may be covered if they were caused by or aggravated by employment. However, this disability must occur within 300 weeks of the person’s last employment in an occupation where they were exposed to such a hazard. For example, those with a certain lung disease must have worked in an occupation with a silica, coal, or asbestos hazard for at least 2 years in Pennsylvania within 10 years of the disability.
Call (610) 595-4917 to Get Started Today
If you are seeking workers’ compensation for a work-related injury in West Chester, PA, do not hesitate to consult an experienced lawyer for legal guidance in filing a claim for coverage. The lawyers at Rubin & Badame, Attorneys at Law, P.C. are a team of compassionate and trustworthy advocates who will guide you through the filing process and manage your case from start to finish as you focus on your recovery.
Let us fight for your right to benefits in your performance of work duties; call (610) 595-4917 or contact Rubin & Badame, Attorneys at Law, P.C. online to schedule a free consultation.
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