Understanding Your Rights as an Injured Worker in Berks County, PA
Workers’ compensation is a state-run program under the Pennsylvania Workers’ Compensation Act that benefits workers who become injured or ill on the job. Under the act, most workers in Berks County are covered by their employer’s workers’ compensation insurance. If you have suffered a work-related injury, it’s important to understand your workers’ comp rights in Berks County.
Berks County Workers’ Comp Rights
You have certain rights if you work for a Berks County employer:
- You have the right to a safe work environment.
- If you believe your workplace isn’t safe, you have the right to request an OSHA (Occupational Safety and Health Administration) inspection without fear of retaliation or termination.
- Your employer must inform all employees of their rights under workers’ compensation
- You have the right to file a workers’ compensation claim for any injury or illness you sustained on the job.
- You have the right to seek benefits for your lost wages, costs related to your medical treatment, or other expenses related to your injury.
- You have the right to appeal a denial or termination if you believe it was unfair.
What Benefits Can Be Collected Through a Berks County Workers’ Comp Claim?
If you’ve sustained an injury, impairment, or illness on the job, you have the right to file a workers’ compensation claim for benefits. These benefits can include the following:
- Lost wages benefits to replace the income you’ve lost while you’re unable to perform the duties of your job.
- Total disability payments if you are not able to return to work due to your injuries
- Partial disability payments for up to 500 weeks if your injury has required you to take a job that pays less than the one you were performing
- Death benefits for your surviving spouse or dependents if death results from the work-related injury
- Specific loss benefits if you have suffered a permanent loss of use of a part of your body or a permanent disfigurement
- The cost of your medical expenses, including hospital costs, surgery, doctor’s visits, prescription medications, emergency transportation, physical therapy, specialized medical equipment, and other costs associated with your injury or illness
If your employer doesn’t carry state-required workers’ compensation coverage, you have the right to sue that employer. You also have the right to sue any third party for negligence that may have resulted in your injuries.
Your Responsibilities Under Workers’ Comp in Berks County
While workers’ comp can be a critical resource for injured workers, it does come with limitations and responsibilities. You should fully understand all the benefits and requirements for filing workers’ comp in Berks County.
In exchange for workers’ compensation’s agreement to cover your work-related injuries regardless of who was at fault, you give up the right to file a lawsuit against your employer except in limited cases. You also have important deadlines that must be met in order to be covered for your injuries.
What Should You Do If You’ve Suffered a Workplace Injury in Berks County?
If you have suffered a workplace injury or illness, get immediate medical attention and tell your medical provider that it was a job-related injury. Although you should notify your employer as soon as possible, you must advise your employer of your injury within 21 days in order to receive benefits. If you wait too long (more than 120 days), your claim may be denied.
Do You Need a Workers’ Compensation Lawyer?
It’s difficult to know when and if you should hire a lawyer after a workplace injury. You might be able to bring a personal injury lawsuit against a third party. Your workplace may have been unsafe due to negligence on your employer’s part.
After a workplace injury, your best option is to contact a Berks County workers’ compensation lawyer to understand if you have a claim outside of workers’ compensation.
At Saffren & Weinberg, our experienced Berks County workers’ comp attorneys have dedicated their practice to getting the benefits that injured workers deserve. If you’ve suffered a workplace injury or illness in Berks County or anywhere in the state of Pennsylvania, we can help. Call us at (215) 576-0100 or contact us online to schedule a free consultation to discuss your workers’ compensation claim and how we may be able to help you.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.