After a workplace injury, you may be struggling to make ends meet as you recover and wondering what happens next. Workers in Pennsylvania have the right to compensation for medical bills and a portion of lost wages through the workers’ compensation system. But what if you have run into complications trying to navigate the system?
If you’ve been hurt on the job and you aren’t sure of your legal options, Philadelphia Injury Lawyers P.C. is here to help. Whether you need to file a third-party lawsuit or file a workers’ comp appeal, our workers’ compensation attorneys in Philadelphia are here to advise you of your rights in Pennsylvania. To get your free consultation, call us today or contact us online.
Can I Sue My Employer for Injury in PA?
In most cases, you cannot sue your employer directly for a work-related injury in Pennsylvania. This is because Pennsylvania, like most other states, has a workers’ compensation system that provides benefits to employees who are injured while working or develop work-related illnesses. The workers’ compensation system is designed to be an exclusive remedy, meaning that it generally prevents employees from suing their employers for work injuries.
Under the Pennsylvania Workers’ Compensation Act, employers are required to provide workers’ compensation insurance coverage for their employees. In exchange for this coverage, employers are generally protected from personal injury claims filed by their employees for work-related injuries.
When You Can Sue Your Employer in PA
However, there are some exceptions to this rule that may allow you to sue for a work-related injury in Pennsylvania:
- Intentional acts: If your employer deliberately causes your injury, you may be able to file a personal injury lawsuit against them. This is a very high standard to meet and would require proof that your employer acted with the specific intent to harm you.
- Failure to carry workers’ compensation insurance: Workers whose employer fails to carry workers’ compensation insurance as required by law may be able to sue them for your work-related injuries.
- Third-party lawsuits: If your work-related injury was caused by the negligence of a third party, such as a subcontractor, property owner, or equipment manufacturer, you may be able to file a personal injury case against that third party in addition to getting workers’ compensation benefits.
If you have questions about your rights or are unsure whether you may have a valid claim outside of the workers’ compensation system, consult with an experienced Pennsylvania personal injury lawyer who can evaluate your case and provide guidance on your legal options.
How Do I File a Workers’ Comp Claim in Pennsylvania?
To file a workers’ compensation claim in Pennsylvania, you should follow these steps:
Report your injury to your employer
Notify your supervisor or employer about your work-related injury or illness as soon as possible. In Pennsylvania, you must report your injury within 120 days of the date of injury or the date you became aware of your work-related illness. Failing to report within this timeframe may jeopardize your ability to receive benefits.
Seek medical treatment
If you need immediate medical attention, seek treatment from the nearest emergency room or urgent care facility. For non-emergency care, your employer may have a list of designated healthcare providers you must use for the first 90 days of treatment. If your employer does not provide a list of approved providers, you may choose your own doctor.
Provide notice to your employer
After reporting your injury verbally, you must also provide written notice to your employer within 21 days of the injury. This notice should include the date, time, and location of the injury, as well as a brief description of how it occurred.
File a claim with the Pennsylvania Department of Labor and Industry
Your employer should file a First Report of Injury (FROI) with the Pennsylvania Department of Labor and Industry’s Bureau of Workers’ Compensation. If your employer fails to do so or denies your claim, you can file a claim petition with the Bureau of Workers’ Compensation.
Attend a hearing
If your employer or their insurance company denies your claim, you may need to attend a hearing before a workers’ compensation judge. At the hearing, you will have the opportunity to present evidence and argue your case for receiving benefits.
Consult with a workers’ compensation attorney
Navigating the workers’ compensation system can be complex, especially if your claim is denied or you face challenges in receiving benefits. Consider consulting with an experienced Pennsylvania workers’ compensation attorney who can help you understand your rights, gather evidence to support your claim, and represent you in hearings or appeals.
When Do You Need a Personal Injury Lawyer’s Help for a Workplace Injury in Philadelphia?
There are certain situations where seeking the help of a personal injury lawyer can help protect your rights and secure the compensation you deserve. Here are some instances when you may consider hiring a personal injury lawyer for a workplace injury in Philadelphia:
- Your claim is denied: If the insurance company denies your workers’ compensation claim, a personal injury lawyer can help you appeal the decision and fight for your right to receive benefits. They can gather evidence, represent you in hearings, and argue your case before a workers’ compensation judge.
- Your benefits are delayed or terminated: If you experience delays in receiving your workers’ compensation benefits or your benefits are prematurely terminated, a personal injury lawyer can intervene on your behalf to help you receive the payments you are entitled to in a timely manner.
- Your injury is severe or permanent: If your workplace injury is severe, such as a spinal cord injury, traumatic brain injury, or amputation, or if it results in permanent disability, a personal injury lawyer may be able to help you seek additional compensation beyond what workers’ compensation provides. This may include filing a personal injury claim against a third party whose negligence contributed to your injury.
- Your injury was caused by a third party: If your workplace injury was caused by the negligence of someone other than your employer, such as a subcontractor, property owner, or equipment manufacturer, you may be able to file a personal injury claim against the responsible party. A personal injury lawyer can help you navigate this process and seek compensation for your damages.
- You face retaliation for filing a claim: If your employer retaliates against you because you filed a workers’ compensation claim, such as demoting you, reducing your hours, or terminating your employment, a personal injury lawyer can help you fight back and protect your rights under the law.
- You have a pre-existing condition: If you have a pre-existing medical condition that was aggravated or exacerbated by your workplace injury, a personal injury lawyer can help you demonstrate the extent to which your work-related injury has affected your health and your ability to work.
- You are unsure of your rights: Navigating the workers’ compensation system and understanding your rights as an injured worker can be complex and overwhelming. A personal injury lawyer can provide valuable guidance and support throughout the process, helping you make informed decisions and take the necessary steps to protect your interests.
If you have any concerns about your workplace injury claim or if you encounter challenges in receiving the benefits and compensation you deserve, consult with an experienced Philadelphia workers’ compensation lawyer. We can provide you with a clear understanding of your legal options.
The Deadline to File a Workers’ Compensation Claim in Pennsylvania
In Pennsylvania, there are several important deadlines to keep in mind when filing a workers’ compensation claim. Understanding these deadlines is crucial to protect your right to receive benefits and ensure that your claim is not denied due to a failure to meet the required timeframes.
- Reporting your injury to your employer: In Pennsylvania, you must report your work-related injury or illness to your employer within 120 days of the date of injury or the date you became aware of your work-related illness. It is best to report your injury as soon as possible to avoid any questions about the timeliness of your claim.
- Providing written notice to your employer: After verbally reporting your injury, you must also provide written notice to your employer within 21 days of the injury. This written notice should include details about the date, time, and location of the injury, as well as a brief description of how it occurred. Failure to provide written notice within 21 days may not automatically disqualify you from receiving benefits, but it can make the process more challenging.
- Filing a claim with the Bureau of Workers’ Compensation: If your employer fails to file a First Report of Injury (FROI) or denies your claim, you have up to three years from the date of your injury to file a claim petition with the Pennsylvania Department of Labor and Industry’s Bureau of Workers’ Compensation. However, it is generally advisable to file your claim as soon as possible to avoid any delays in receiving benefits.
- Statute of limitations for filing a claim: In most cases, the statute of limitations for filing a workers’ compensation claim petition in Pennsylvania is three years from the date of injury or the date you became aware of your work-related illness. If you fail to file your claim within this timeframe, you may lose your right to receive workers’ compensation benefits.
It is important to note that these deadlines can vary depending on the specific circumstances of your case. For example, if your injury or illness is the result of an occupational disease that develops gradually over time, the deadline to file a claim may be calculated differently.
Talk to a Philadelphia Workers’ Compensation Lawyer for Free
If you’ve been hurt at work in Philadelphia, navigating the workers’ compensation system can be complex and overwhelming. Don’t face this challenge alone – the experienced workers’ compensation attorneys at Philadelphia Injury Lawyers P.C. are here to help. We offer free consultations to help you understand your rights and explore your legal options.
Contact us today or reach out to us online to schedule your free case evaluation with a Philadelphia workers’ compensation lawyer who will fight for the benefits and compensation you deserve.
