Under the Pennsylvania Workers’ Compensation Act, you are entitled to workers’ compensation benefits if you suffer an injury which arises from and is related to your employment. The term “injury” is broadly defined to include any injury to an employee that is work-related, regardless of the employee’s prior physical condition, including injuries resulting from exposure to harmful chemicals or substances. Consequently, if you have a pre-existing condition (i.e., prior back injury, cardiac problems, etc.) you may be entitled to workers’ compensation benefits if you can establish that the pre-existing injury was aggravated at work.

Do I Have To Prove I Was Injured In An “Accident”?

No. Although many injuries are caused by a specific accident (i.e., slip and fall, motor vehicle accident, etc.), the Pennsylvania Workers’ Compensation Act does not require an injured worker to prove that they were injured in a particular accident. The injury does not have to be pinpointed to a specific event or a particular incident so long as there is proof that the injury arose in the course of employment and is related to the worker’s employment. For example, cumulative trauma injuries such as carpal tunnel syndrome or herniated discs may be shown to be work-related due to the repetitive movements required to perform a particular job.

What Do I Have To Prove To Be Entitled To Workers’ Compensation?

In general, you must prove that you were employed at the time of the injury, that you were working or in the course and scope of your employment at the time of the injury, and that your injury is related to your employment. You are not required to prove that you were injured due to the negligence of your employer or a co-worker.

How Much Time Do I Have To Make A Claim For Workers’ Compensation?

Under the Pennsylvania Workers’ Compensation Act, there are two limitations periods to keep mind. First, you must provide your employer with notice that you were injured at work within 120 days of the date of the injury or the date that you learned of the injury and its relationship with your employment. Notice should be given to a manager, supervisor or other member of management. Second, you have three years from the date of the injury to file a Claim Petition with the Bureau of Workers’ Compensation in Harrisburg.

How Much Will I Receive In Benefits?

There are essentially two components of Pennsylvania workers’ compensation benefits: wage loss and medical. Your wage loss benefits are based upon your earnings during the prior year and generally amount to two-thirds of your average weekly wage up to a statewide maximum rate that changes on an annual basis. For 2008, the maximum rate is $807.00 per week. In addition to wage loss benefits, employers are required to pay reasonable and necessary medical expenses that are related to the work injury.

What Is A Termination, Suspension or Modification Petition?

Under the Pennsylvania Workers’ Compensation Act, an employer (usually through an insurance company) has the right to try to terminate (stop) or suspend your right to ongoing benefits, based on evidence that you have fully recovered from the injury, have returned to work at wages greater than or equal to your pre-injury wage, or because you have the ability to earn wages in spite any residual impairment related to the work injury. If you receive notice that a Termination, Suspension or Modification has been filed in your case, we recommend that you seek legal advice immediately.