Workers’ Compensation FAQs

Employees who file for Workers’ Compensation typically have many questions, and finding the correct answers is not always easy. These Workers’ Compensation FAQs can serve as guidelines for anyone who needs more information.

Are There Deadlines for Reporting My Work Injury?

Yes. Work-related injuries should be reported to a supervisor immediately after the fact. Notice of an injury should be given within 21 days. There is a 120-day deadline, but it makes sense to report it as soon as possible to start the process.

Additionally, make sure that an HR representative is aware of what happened. Your employer is responsible for reporting the injury to their Workers’ Compensation program representative immediately, and the approval or denial notice should be issued 21 days after that.

 Can I Choose My Physician?

The Pennsylvania Workers’ Compensation Act also stipulates that employees must choose from a provided list of at least six designated healthcare providers. You must select physicians from here unless the employer does not have a list. This is only for the first 90 days after the claim is approved, and after that, you can switch.

What Kind of Benefits Can I Receive?

The answer to this question depends on your earnings and injury. Lost wage benefits are calculated on the average weekly wage, which is generally two-thirds of the employee earned before becoming injured.

How Long Do the Benefits Last?

There is no limit to this, but most employers will want to stop the benefits after some time has passed for various reasons. If your benefits are denied after the initial filing or end too early, you may be able to file an appeal.

Can I Sue My Employer?

Employees generally cannot sue employers over Workers’ Compensation claims. There are a few exceptions, but those are rare. It may be possible to sue a third party involved in the injury, like a manufacturer that sold your employer defective machinery.

Am I Able to Collect Unemployment or Social Security When Receiving Workers’ Compensation Payments?

This can happen when those benefits are a part of the injury or another condition you might already have. Bear in mind that some of the payments may be reduced.

Our Philadelphia Workers’ Compensation Lawyers at Freedman & Lorry, P.C. Can Answer All Your Questions About a Claim

A Workers’ Compensation claim can get complicated when employees and employers are not on the same page. For a free consultation, contact our skilled Philadelphia Workers’ Compensation lawyers at Freedman & Lorry, P.C. Call us at 888-999-1962 or complete our online form to schedule a free consultation. Located in Philadelphia and Cherry Hill, New Jersey, we serve clients in Pennsylvania, and New Jersey.