Mattise & Kelly P.C

Have you been hurt at work? The Pennsylvania Worker's Compensation Act requires payment of wage loss benefits for total or partial disability and all reasonable and necessary medical expenses for a work related injury. Wage loss benefits are, for total disability, generally two thirds (2/3rds) of your average weekly wage at the time of injury. Partial disability benefits are payable when you can return to work after an injury, but the job pays less than your time of injury job. Partial disability benefits are 2/3rds of the difference between your average weekly wage at the time of injury and the wages of a job you can do or are doing. Both medical benefits and wage loss benefits are tax exempt.

In order to receive Workers Compensation benefits you must have been injured in the course and scope of your employment. It does not matter who was at fault for causing the injury.

There are time limitations. You must report your injury to your employer within 120 days of the date of injury. If your claim is denied or ignored by your employer or your employer's insurance carrier, you must file a Worker's Compensation Claim Petition with the Bureau of Worker's Compensation in Harrisburg within 3 years of the date of injury. This can now be done online at the following link: Claim Petition Electronic Submission.

However, unless you would otherwise be out of time, you should consult an experienced attorney before filing any petition.

You may receive Worker's Compensation medical benefits for as long as you require treatment for your injuries. You may even receive payment for medical expenses after your wage loss claim has ended. With limited exceptions, if your employer has a list of medical providers to treat work related injuries, you must treat with someone on that list, or a medical provider someone on that list refers you to, for the first ninety (90) days. The ninety days starts when you first see someone on that list. If your employer has no list, or after the 90 days are up, you can go anywhere you like for treatment, as long as the treatment is reasonable and necessary for your work injury.

Worker's Compensation wage loss benefits have limits for most injured employees. Total disability benefits may be received indefinitely, if the injured person has a 50 % or greater total body impairment under the American Medical Association guidelines. However, that won‘t be possible for most people. After you have received two years of total disability benefits, an impairment rating can be requested by your employer or its insurer and, if you are found to have less than a 50% total body impairment, your status is changed from total disability to partial disability. You can receive partial disability benefits for a maximum period of 500 weeks.

Lawyers usually accept Worker's Compensation cases on a contingent fee basis. You pay a fee if the lawyer is successful in obtaining benefits for you or in defending your right to the benefits you are already receiving. There are normally costs incurred in pursuing or defending your Worker's Compensation claim. Ordinarily, Mattise & Kelly will advance those costs on your behalf. If successful in pursuing or defending your claim, the Worker's Compensation Act provides for reimbursement of those costs by the employer/insurer.

If you have any questions about worker's compensation, contact us.