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After you suffer a work injury in Pennsylvania, how do you protect your rights?

Most importantly, you need to be sure your employer knows that you were injured on the job, and writes an incident report. If there were any witnesses, be sure to get their names and contact information. Do not assume you will be able to find them if your workers' compensation case must be litigated. The litigation process takes a long time and people do not necessarily stay in the same job.

You must treat with the employer's workers' compensation panel doctors until 90 days after your injury, or discharge by those doctors, whichever comes first. Your employer must provide you with the names of these doctors. Once 90 days have passed or you have been discharged, you may see any doctor you choose, and workers’ compensation should pay for it. However, if your employer believes you have recovered from your injuries, litigation may be necessary for your bills to be paid.

If you are able to work at all after your injury, your employer may accommodate you with a "light duty" position at your full rate of pay. If you are unable to work at all or there are no light duty positions at your company, you should be entitled to workers’ compensation benefits. Workers' compensation benefits are two-thirds of your average weekly wage, up to a maximum amount.

Under Pennsylvania law, you cannot sue your employer for pain and suffering after a work injury. You are entitled only to your lost wages from your employer. On the other hand, you are entitled to benefits after a work injury regardless of fault. So, even if you were injured because of your own actions, you are entitled to benefits. Litigation for the lost wages is initiated by filing a claim petition with the Bureau of Workers' Compensation. The petition will be assigned to a Judge in the County where you live. You will testify to the Judge about your injuries, and medical evidence will be submitted on your behalf. It is important to have any attorney to represent you in this process.

In addition, if there is a "third party" (someone other than yourself or your employer) responsible for your injuries, separate litigation may be possible against the responsible party to recover for your injuries. However, if your employer pays you benefits, they may be entitled to be reimbursed from any recovery you receive.

Please be advised this information is meant for educational purposes only. Each case must be evaluated and handled individually and outcomes may vary. Contact an attorney for specific advice regarding your case. We would be honored if you chose us. Please call Kim Ruch-Alegant at 215-354-0057 for a free consultation regarding your work injury.