When reporting an injury what kind of notice is required? 

          There is no requirement that notice of an injury be in writing. However, reporting an injury in writing may avoid situations where an employer denies ever being advised that you suffered an injury at work. Always insist on receiving a copy of written accident reports. 
               Notice of an injury is sufficient if you describe your physical complaints, and unequivocally state that it was caused by your work activity. Merely calling to report off work due to back pain does not constitute notice of an injury. You must go further and indicate that the back pain is attributable to your work activity. If there was a specific event that gave rise to the pain, describe that event. Conversely, if the pain arose while you were performing your normal work activity, describe what you were doing when you experienced the pain. Telling a co-worker that you were hurt on the job does not constitute notice to your employer. You must advise someone in a supervisory capacity, such as a foreman or immediate supervisor.

When does compensation start?

    Compensation for lost wages is paid beginning with the eighth (8^th) day of disability. Compensation is not paid for the first seven (7) days unless the period of disability lasts fourteen (14) days or more, in which event the employee receives compensation for the first seven (7) days of disability.

  

How is the weekly compensation benefit calculated?
                              If an injured worker is totally disabled, the income loss benefits are two-thirds of the pre-injury average weekly wage. The maximum amount payable can never exceed the statewide average weekly wage, which changes each year. The pre-injury average weekly wage is not based on an individual’s hourly rate multiplied by 40 hours. Instead, it includes overtime compensation, incentive pay, shift differentials and bonuses. The average weekly wage is based upon gross wages from all employers--not take home pay. If an injured individual is working for more than one employer, a situation known as “concurrent employment”, the wages from both employers are utilized in calculating the pre-injury average weekly wage.
                     The most common method of calculating the pre-injury average weekly wage involves a review of earnings during the four calendar quarters immediately prior to the injury. The three highest quarters are averaged and that becomes the pre-injury average weekly wage. For individuals who have not worked for the employer for at least one year prior to the date of injury, or who work in a strictly seasonable occupation, alternate methods of calculating the pre-injury average weekly wage are available. Although the calculation of the pre-injury average weekly wage may seem straightforward, it is always best to check the employer’s calculations. Any increase in the average weekly wage will result in an increase in the weekly workers’ compensation benefit, and this may mean thousands of extra dollars in benefits over the life of the claim.
                     For low wage earners, there is also a minimum compensation rate. The minimum compensation benefit is the lower of 50% of the statewide average weekly wage, or 90% of the workers’ average weekly wage.

PA Worker's Compensation Q & A

What type of injuries are covered by the Pennsylvania Workers’ Compensation Act? 

The law applies to all injuries or occupational diseases occurring in Pennsylvania, regardless of the place where you were hired. Work does not have to be the sole cause of an injury. An employer takes an employee “as is”, meaning that compensation is payable even if a relatively minor incident aggravates or substantially contributes to an injury or an occupational disease. There is no requirement that the injury arise from an “accident”--injuries that develop gradually, from cumulative trauma, are also covered. An example would be carpal tunnel syndrome, or injuries to the low back or knees from repetitive heavy lifting or constant kneeling. 

Employees should always inquire as to whether a particular condition is work-related. This means discussing it with your union representative, your doctor, and consulting a knowledgeable attorney. Don’t let your employer or its workers’ compensation insurance carrier tell you that you are not entitled to benefits because you had a similar problem previously.

What kind of benefits are available to an injured worker or a surviving family member? 

                   The available benefits include: (a) wage loss benefits for total disability; (b) wage loss benefits for partial disability; (c) specific loss benefits for permanent loss of use of certain parts of the body by amputation or loss of function; (d) disfigurement benefits for a permanent scar on the head, neck or face; (e) death benefits to a workers’ surviving spouse or dependents; (f) reasonable and necessary medical expense, even if the injuries do not result in lost time from work. The benefits enumerated above are explained in greater detail later in this Handbook. 

What is the first thing an individual injured on the job should do? 

          The answer to this question is very simple--NOTIFY YOUR EMPLOYER THAT YOU WERE INJURED ON THE JOB. Unless notice of the injury is given to the employer within 21 days, no compensation shall be due until notice is given. If notice of the injury is not provided within 120 days, no compensation will be allowed. The time for giving notice of an injury does not begin to run until the employee knows, or by the exercise of reasonable diligence should know, of the existence of the injury and its possible relationship to his or her employment.

                   No matter how minor the injury may appear the safest course of action is to report the injury immediately. Often a worker will be injured, but will complete their assigned duties without reporting the injury thinking that the pain will go away. The next day that individual may not be able to get out of bed. Although it is not too late to give notice, your employer will be less likely to pay the claim without a fight if notice was not given the day the injury occurred.