The Pennsylvania Worker’s Compensation Act provides compensation to individuals who suffer injuries in the course and scope of their employment.
Monetary benefits are payable if the injured worker (the claimant) can establish disability – an inability to work as a result of the work injury. Benefits are also payable if the claimant can establish that he or she suffered an occupational disease that results from employment. The amount of disability benefits is generally calculated as two-thirds of the pre-injury earnings. In addition, an employer will be held liable for medical bills which are reasonable, necessary and related to the work injury or occupational disease.
When an injured claimant returns to work at the same or lesser earnings, his or her compensation is correspondingly reduced.
Pennsylvania Workers’ Compensation benefits are limited to employees, as distinguished from independent contractors. Simply put, when a claimant incurs a job related injury the employer, through its insurance company, is obligated to pay weekly wage loss benefits and medical benefits until the claimant fully recovers and is able to return to work with no loss of earnings.
While this may appear to be a simple process, complications and disputes often develop with respect to whether the claimant was in the course and scope of his employment when the injury occurred, whether the disability is a result of non-work related factors, and whether there is a true disability. If you have any questions regarding a work related injury, a DLP lawyer is available to answer your questions and assist your needs. At Dougherty Leventhal & Price, LLP we have experienced and aggressive attorneys and staff to help handle your workers’ compensation case. If you or someone you know was injured at work, please contact DLP for a free initial consultation.
