If you get seriously injured at work or develop an illness or condition related to your employment, you are eligible for Workers’ Compensation benefits. Every employer in the state must offer Workers’ Compensation, with just a few exceptions for workers covered under other federal programs.
If you work for a local employer, it is critical to understand your Workers’ Compensation benefits in Scranton before you need to use them. If you need help accessing your benefits or have questions about what you are entitled to receive, a knowledgeable attorney from Gross & Kenny, LLP would be happy to discuss your situation with you.
Workers’ Compensation provides free medical care for any work-related injury. If you get hurt in an accident at work or develop an illness or medical condition related to your employment, you should seek a medical evaluation as quickly as possible. Getting immediate medical care helps prove that your injury was work-related.
Pennsylvania employers can require you to see a medical professional on the employer’s approved list. They must provide you with a choice of at least six providers within reasonable driving distance, and at least three must be physicians. If your injury requires continuing treatment after 90 days, you can transfer your care to the provider of your choice.
You receive your medical benefits until you reach the point of maximum medical improvement (MMI), which is the point when your treating practitioner believes further treatment will not provide any benefit. If you disagree with the MMI decision, a Scranton attorney could help you get a second opinion and present your benefits protest to the Workers’ Compensation insurer.
If the Scranton healthcare provider recommends staying out of work for at least seven days, Workers’ Compensation benefits include a partial wage, also called an indemnity payment. You should file your Workers’ Compensation claim immediately—if you file within 21 days of your injury, you receive the indemnity payment from the date of injury. If you wait, the payments begin as of the date of your claim.
For most workers, the indemnity payment is two-thirds of your average weekly wage, up to a maximum that changes every year. If you are at the high end of the wage spectrum, you likely will receive less than two-thirds of your wages. You could receive as much as 90 percent of your wages if you are at the lower end.
Workers’ Compensation continues to make indemnity payments if your treating provider says you could return to work for reduced hours or limited duties. You will receive two-thirds of the difference between your pre-injury wages and the wages you earn on limited duty.
Workers’ Compensation in Scranton offers additional benefits to people who suffer significant injuries or health conditions resulting from their work.
If your injury leaves you with a permanent impairment, you will receive a disability rating. The disability rating describes the reduced function of the injured body part as a percentage. You receive a payment based on the body part and the extent of the disability.
Sometimes a work-related injury leaves you permanently disabled and unable to work. In that case, you are entitled to receive continuing injury-related medical care and an indemnity payment indefinitely. However, in most cases, the insurance company will offer to settle the case for a lump sum. An attorney from Gross & Kenny, LLP is here to help you negotiate an appropriate settlement for a permanent disability.
If your injury results in an amputation, loss of body part functioning, or significant scarring on your neck or face, you could receive Workers’ Compensation specific loss benefits. These are payments to compensate for the lost use of the body part. You can receive these payments regardless of whether the injury caused you to miss work.
In the event of a fatal accident, or if you develop a work-related condition or illness that leads to your death, 77 Pennsylvania Statute §561 provides survivor benefits. Your spouse or next of kin will receive a percentage of your income for a specific time. Your spouse could receive benefits until their remarriage or death. Your children could receive benefits until they turn 18, or 23 if they are enrolled full-time at an accredited school.
The Workers’ Compensation program ensures you get the medical treatment you require and provides some income while you cannot work. However, employers do not always make it easy to access the benefits you have earned.
If you need to make a claim for Workers’ Compensation benefits in Scranton, Gross & Kenny, LLP is the call to make. Our dedicated team of attorneys can explain the process, help you file your claim, and guide you if you have problems obtaining your benefits. Schedule a confidential consultation today.
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