WHAT IS WORKERS’ COMPENSATION?
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Saffren & Weinberg are the Workers’ Lawyers
No one goes to work expecting to get hurt on the job. But, despite all the safety training and protocols, accidents do happen. There is a myriad of reasons why they happen, such as a co-worker’s negligence, poorly maintained equipment or a defective product. Workers’ compensation (also known as workmans’ compensation) is a state-run insurance program that provides compensation for medical expenses and lost wages if you are hurt on the job or contracted a work-related illness. By law, Pennsylvania and New Jersey are required to have workers’ compensation insurance. The attorneys at Saffren & Weinberg have extensive experience and will fight to get you the benefits you deserve.
Workers’ Compensation Facts
- You must report the accident to your employer as soon as you can to avoid the delay or denial of your claim. You have up to 120 days to report the injury for compensation. In New Jersey, the employee must notify his or her employer within 14 days of the injury.
- You can sue your employer if he failed to carry workers’ compensation insurance. By law, Pennsylvania employers provide workers’ compensation coverage for ALL employees.
- You can sue a third party, such as a product manufacturer or contractor.
- You can sue your employer only if the workers’ compensation appeal fails.
- You cannot file a claim if you:
- Were under the influence of alcohol or illegal drugs.
- Received a self-inflicted injury (e.g. a fight at work).
- Were injured while committing a crime (e.g. stealing from work).
- Violated company policy (e.g. did not get the mandated number hours of sleep).
- Are covered under the federal labor laws (e.g. a longshoreman and railroad workers).
6. An employer is not obligated to create a position for you when you return to work and cannot perform the duties of your old job. The employer can give you light duties until you are fully recovered to return to your old position.
7. It is illegal for an employer to harass an employee who has filed a claim.
8. Lost wage benefits equal two-thirds of your average weekly wage.
9. Workers’ compensation can affect your social security, pension, severance pay and unemployment compensation.
10. Workers’ compensation begins on day one of employment.
11. Medical benefits begin from day one of the injury.
12. Benefits can be terminated when the employee returns to work or has reached maximum medical improvement (treatment will no longer help the employee.)
13. The employer is responsible to pay for funeral expenses up to $3,500.
How Does Workers’ Compensation Work?
Workers’ compensation provides several types of benefits.
Lost Wages Benefits: Lost wage payments are determined by your benefits status:
- Total Disabled are unable to work.
- Partially Disabled and can work. This status allows you to be paid up to 500 weeks (450 weeks in NJ) if returning to work at a lower paying job.
Lost-wage payments are equal to two-thirds of your average weekly pay. You must miss seven days of work before this benefit is payable. Time is of the essence, so if your claim is accepted by the insurance company, you will receive the first compensation check within 21 days of absence from work. Compensation payments are made by your employer or insurance company up to 90 days.
Specific Loss Benefits: This applies if you have lost all or part of your hand, arm, leg, foot, sight, hearing or have a permanent disfigurement on your head, face or neck.
Death Benefit: If an injury results in death, the family of the deceased is entitled to benefits.
Medical Care: Medical bills, including surgical and medical services, devices and prostheses and rehabilitation, are covered by an approved physician or health care provider. You may seek treatment for 90 days. If you become sick or an illness is aggravated by employment, your disability must occur within 300 weeks of your last employment where you were exposed to the hazard.
LEARN MORE ABOUT YOUR CASE
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Get all the facts you need to understand the inner workings of your case. Saffren & Weinberg is here to provide you a voice for justice. We want to help you get the compensation you deserve.
Learn about how you may qualify for Workers’ Compensation if you have a back injury.
One of the most common work injuries that employees experience is carpal tunnel syndrome.
Strains and Sprains
Foot and ankle strains, sprains and injuries qualify for Workers’ Compensation in both PA and NJ.
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