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Lancaster PA Workers' Compensation Law Blog

What are the Six Types of Worker’s Compensation in Pennsylvania, Part Two

Forging a new claim under the Pennsylvania Workers’ Compensation Act can be daunting. The beginning stages can be tough and can determine how smoothly your recovery will go. In the last blog post, we explored half of the six types of Worker’s Compensation and how they work to aid workers in their recovery process after a work-related injury. In this post, we will look at the other three types of Worker’s Compensation in Pennsylvania and what can be covered by insurance after a work injury. Medical Expenses Any medical care that is necessary for recovery and is deemed reasonable and…

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What are the Six Types of Worker’s Compensation in Pennsylvania, Part One

Originally passed in 1915, the Pennsylvania Workers’ Compensation Act was set forth as a state-wide insurance system on a no-fault basis aimed to provide injured workers with benefits, lost wages and medical coverage. The intent of the Act is not to replace all wages for the worker but to give a percentage of wages to help aid recovery after a work-related injury. The Act also does not cover non-economic damages. This means if pain and suffering come as a result of injury, the worker will have to pursue those damages separately. Depending on the injury, workers will be eligible for…

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Construction Site Accident Compensation in Pennsylvania

Construction sites have one of the biggest risks for injury out of workplaces. Between the high heights and heavy machinery, the workers on site put themselves in danger consistently throughout their day. Without proper training, injury is nearly inevitable. Even with the right training and precautions, injuries still happen, making construction sites one of the top workplaces for Workers’ Compensation and negligence claims. When accidents do occur, Pennsylvania law is on the side of the worker and supports their recovery. Construction site accident claims are handled like any work injury in the state. What is a Work Injury? A work…

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Understanding Mental Injuries Claims in Pennsylvania

While many are familiar with the idea of pain and suffering as it results from other injuries and incidents, few are aware that mental injuries themselves can be compensable. Mental injury claims often come from workplace stressors and are on the rise as claims. For employers, this raises a lot of issues and creates a lot of headaches, especially in their HR departments. It is much more difficult to successfully claim one of these cases, and the issue brings up a lot of questions for both employees and employers. Understanding the link between stress in the workplace and the mental…

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Do I Qualify for Workers’ Compensation Benefits for an “Off the Clock” Injury?

Some injuries at work are more complicated than others. For instance, if you are asked to come in and pick something up for or from your boss and are injured on the premises, you may wonder if you are eligible to receive Workers’ Compensation benefits. While you were not on the clock, you were at your place of work and your actions were in benefit of the employer. In a lot of claims like this, you will have a good case for compensation. However, the devil is in the details when it comes to such claims. The first question is…

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Proving Lost Wages in a Claim

Lost wages are common when it comes to injury claims. Whether you have been in a car accident or have been injured at work, any time you cannot earn money while at work can be argued as lost wages. Simply put, lost wages can be quickly summarized as the money you would have earned had you not been injured. However, the time lost must be a result of the injuries sustained and those injuries must be related to the claim you are making. For instance, if you are injured at work but later have to miss a day due to…

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Are the Benefits I Receive Through Workers’ Compensation Taxable?

The short answer to this question is “no,” but there are some caveats to the answer. While Workers’ Compensation benefits are not considered taxable income at the federal or state level, those receiving benefits through Social Security disability insurance or Supplemental Security Income in addition to Workers’ Compensation may have their benefits taxed. For some, their SSDI or SSI may be reduced to ensure the combination with Workers’ Compensation is below a threshold of payment, known as the Workers’ Compensation offset. The amount of Worker’s Compensation that would be taxable is the amount your disability payments are lowered to stay…

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Can I Seek Damages for PTSD?

Post-Traumatic Stress Disorder (PTSD) can develop after a trauma in any setting. Despite this fact, not all states allow Workers’ Compensation claims based on PTSD. For the states that do, the worker must have experienced or witnessed an event that is deemed traumatic while acting the scope of employment, then show symptoms of PTSD that interfere with the ability to work in that employment. Furthermore, there must be an official diagnosis of PTSD from a certified psychiatrist or psychologist. On the Job Traumatic Events Some examples of what is considered a traumatic event at work include, but are not limited…

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Workers’ Compensation Average Weekly Wage for Pennsylvania in 2017

Under the Workers’ Compensation Act, workers who are injured on the job are entitled to recover lost wages equal to two-thirds of their weekly wages. The Act also highlights the minimum and maximum adjustments with the benefit rate being set using the annual maximum that was in place when the injury occurred. This maximum is decided by the Department of Labor and Industry by calculating a maximum based on a state’s average weekly wage. For the year of 2017 in Pennsylvania, the maximum weekly compensation rate for the calendar year is $995, which is a 1.7% increase from last year….

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Can an Employer Seek Reimbursement for Attorney Fees After an Unreasonable Contest?

Under the Workers’ Compensation Act, a Worker Compensation Judge is able to award a claimant attorney fees when after an unreasonable content is a petition. This type of award is based on the facts and legal issues that were involved in needing an attorney for the petition. A WCJ will also decide the amount and the length of time allowed for the claimant to be reimbursed for such fees and weigh the skills needed, how long the proceedings took, along with the time and effort expended. This becomes complicated when an appeal on the award is successful. When a WCJ…

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