Downingtown Workers’ Compensation Attorneys

Compassionate and Experienced Legal Advocates

The legal team at Rubin & Badame, Attorneys at Law, P.C. are deeply compassionate and trustworthy attorneys who will put their years of experience to use as they build your case for workers’ compensation benefits in Downingtown, PA. As an employee, you are entitled to appropriate benefits for any injuries you’ve sustained while performing your work duties, and we firmly believe in fighting for your right to coverage in Downingtown.

Who Is Eligible for Workers’ Compensation?

Under the Pennsylvania Workers’ Compensation Act, individuals who sustain a job injury or a work-related illness are legally allowed to have their employer provide for their relevant medical expenses and, in the event that they are unable to work, wage-loss compensation benefits until they’re able to return to work. Nearly every Pennsylvania worker is covered by the Act, and employers must provide workers' compensation (WC) coverage for all their employees, including seasonal and part-time workers. Nonprofit corporations, unincorporated businesses, and even employers with only one employee must comply with these requirements.

Some employees may be covered by other compensation laws, including federal civilian employees, railroad workers, longshoremen, shipyard, and harbor workers. Individuals who may not be covered include volunteer workers, agricultural laborers, casual employees, domestics, and employees who have been granted a personal religious exemption from the Act. Certain types of executive officers of corporations may also elect exemption from the Act.

Anyone whose work causes an injury, illness, or disease may be entitled to WC. However, no compensation will be required when the injury or death is intentionally self-inflicted or is caused by an employee's violation of the law, such as the illegal use of drugs or intoxication. Note that prompt reporting is the key to workers’ compensation cases. It is critical that employees report any injury or work-related illness to their employer or supervisor immediately and inform them of the date and place of injury. Failure to notify the employer can result in the delay or denial of benefits.

Types of Benefits

Pennsylvania law provides several types of workers' compensation benefits:

• medical care;
• wage-loss benefits;
• partial disability benefits;
• total disability benefits;
• specific loss benefits;
• death benefits.

As discussed earlier, in the event of a work-related illness or injury, an employee is entitled to the payment of related reasonable surgical and medical services from a physician or other health care provider. Medicine, supplies, hospital treatment and services, orthopedic appliances, and prostheses are also covered for as long as they are needed. Even if the person did not lose time from work, health care costs for a work-related injury or illness are payable at the fee schedule rate. An employee may not be charged the difference between the health care provider's charge and the amount paid by the employer or its insurance carrier, so there should be no balance billing to the injured employee.

Wage-loss benefits are available to those who are totally disabled and unable to work or partially disabled and receiving wages less than their pre-injury earnings. Those who have been partially disabled may also be eligible for certain benefits for up to 500 weeks if they can return to work at a lower paying job within work-related restrictions or are found not totally disabled. If, while on partial disability status, the person obtains a qualified impairment-rating physician's determination of impairment that is equal to or greater than 35%, they may file a petition for reinstatement of total disability status.

Total disability benefits apply to injured workers for a period during which they are considered totally disabled and unable to work. After 104 weeks of this status, the employer/insurer can require a medical examination to determine if the employee is at least 35% impaired based on their work injury according to American Medical Association standards. If the person does not meet the 35% threshold, their status can change to partial disability.

If an employee has lost the permanent use of all or part of their thumb, finger, hand, arm, leg, foot, toe, sight, hearing, or have a serious and permanent disfigurement on their head, face, or neck, the person may be entitled to a specific loss award. If the injury results in death, the deceased person’s surviving dependents may be entitled to benefits.

Occupational diseases may be covered in certain circumstances if caused by or aggravated by employment. The disability must occur within 300 weeks of the sick person’s last employment in an occupation where they were exposed to the hazard. For certain lung diseases, they must have worked in an occupation with a silica, coal, or asbestos hazard for at least 2 years in Pennsylvania during the 10 years prior to the disability.

Questions? Contact Rubin & Badame, Attorneys at Law, P.C.

If you are seeking to claim workers’ compensation for an injury sustained in your employment in Downingtown, PA, contact Rubin & Badame, Attorneys at Law, P.C. for legal assistance. Generally, your injuries should be covered by your employer under Pennsylvania’s Workers’ Compensation Act, and the type of benefit you are entitled to will depend on the circumstances of your case, such as if you have endured partial disability or a loss of wages. The lawyers at Rubin & Badame, Attorneys at Law, P.C. can better help you figure out which benefits you are eligible for and how to proceed with the filing process.