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Once your claim has been accepted, or you have been awarded benefits by a Judge, you will
be entitled to have all of your medical benefits related to the work injury or disease paid in full, and
you will also be entitled to a weekly benefit for lost wages based on a formula using your average
weekly wage. You will be entitled to benefits for lost wages if you are unable to work at all, if you
are working at a lower paying job because of your injury, or if you are working part-time because
of your injury.
The Pennsylvania Workers' Compensation laws are administered by the Bureau of Workers'
Compensation of the Department of Labor and Industry in Harrisburg, Pennsylvania. In the event
the employee and the employer do not agree that Worker's compensation payments shall be paid in
a particular case, the employee is entitled to a hearing before a Judge who will make the eligibility
decision.
If, on the other hand, the insurance company is not satisfied that the employee has a work
related injury causing that employee to earn less money than he or she was earning at the time of the
injury, the insurance company will deny the claim. If the claim is denied and the employee believes
he or she should receive compensation benefits, then the employee should file a claim petition with
the Bureau of Workers' Compensation in Harrisburg and the matter will be referred to a Judge for
hearing in the county where the injured employee resides. If the injured employee has not yet
contacted an attorney, it would probably be a good idea to do so at this point, as Workers'
Compensation issues can be very complicated. If the claim is one of a serious nature, a Judge will
eventually suggest that the employee might need the services of an attorney competent in this area.
If you are already receiving Workers' Compensation benefits and the employer or insurance
company files a petition to terminate or reduce your benefits, you should also contact an attorney
experienced in Workers' Compensation law to make sure your right or entitlement to benefits is
protected.
Attorney fees in Workers' Compensation cases are usually on a contingent fee basis with the
maximum set at twenty percent (20%) of the amount awarded. Attorney fees are subject to the
approval of the Judge.
The information provided in this message is only a very general description of Workers'
Compensation law. In actuality the law can be quite complex and, depending on your individual
circumstances you may need much more information than is available on this tape. We recommend
that you contact an attorney who is familiar with Workers' Compensation law in order to determine
if legal representation is advisable in your case.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
