Philadelphia Workers’ Compensation Lawyers
Pennsylvania Injured Workers’ Association
PIWA is a community service provided by the Pennsylvania Workers’ Compensation Attorneys at Lowenthal & Abrams, P.C.. Our purpose is to provide information and protect the rights of injured workers in the State of Pennsylvania.
Frequently Asked Questions
What is Workers’ Compensation?
Workers’ compensation is a state-based system designed to replace two-thirds of loss wages and pay medical bills for people who have been injured on the job and are unable to earn wages.
Who is entitled to receive Workers’ Compensation benefits?
Any worker who has been injured at work, has developed a disease as a result of their job, or has aggravated a pre-existing physical or mental problem because of their work, which makes them unable to work, is entitled to Workers’ Compensation benefits.
Is it necessary to notify my employer in writing about my injury?
While it is not necessary, it is best to provide your employer with a written statement of your injury or illness. It is extremely important to notify your employer of your injury or illness as soon as possible, making sure to tell them that your were hurt and that the injury was caused by your job. According to the law, you must report your injury within 120 days of the date you were injured or within 120 days that you discovered that you had a work related illness. If you fail to do this, you will lose your right to receive benefits. Furthermore, the law states that if you give your employer notice within the first 21 days of your injury, your Workers’ Compensation benefits are payable from the first day of your injury. If you give notice after the 21st day and before the 120th day of your injury, your Workers’ Compensation benefits are payable from the date that you gave notice to your employer.
Should I apply for Group Benefits or Workers’ Compensation benefits?
While many employers encourage their employees to file for benefits with their primary medical insurance carriers, you should file for Workers’ Compensation benefits if your injury or illness is in any way work-related. Workers’ Compensation benefits because they are not taxable and do not stop until you are able to return to work. Do not complete any forms saying that your injury or illness is not work-related because this could end your right to receive Workers’ Compensation benefits.
I have been injured at work can I choose my own doctor for treatment?
It is your employer’s responsibility to post a list with at least six health care providers available for you to choose from. You must treat with one of those health care providers for 90 days. Also, your employer must give you a written document explaining your rights in selecting a doctor from the posted list. If there is no list posted or, if your employer has not given you a written document to read and sign, you can go to any health care provider that you wish. Your employer cannot force you to go to any one specific doctor or clinic.