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.