The Workers’ Compensation Process in Lancaster

The workers’ compensation process in Pennsylvania is not as simple or straightforward as many would hope. While you may be able to streamline the process and lessen some of the burden on yourself by enlisting the assistance of a Lancaster workers’ compensation lawyer, the process can nonetheless be trying. An overview of the entire workers compensation claim process in Pennsylvania is below.

• Injury: If you suffer an injury on the job, the Pennsylvania workers’ compensation program requires that you report your injury to your employer within 21 days. If you fail to report your injury within 120 days, you will be denied compensation (for most types of injuries).
• Insurer Notification: Once your employer receives your report, it must then forward your report to its workers’ compensation insurance provider.
• Initial Decision: Once your employer’s workers’ compensation insurance carrier receives its report, it may take one of the following actions:
  • Notice of Compensation Payable: Your employer accepts full liability and begins paying benefits to you.
  • Notice of Temporary Compensation Payable: Your employer does not admit liability but pays benefits to you for a set period of time. If this occurs, the investigation period will be extended 90 days, at which point your employer can either accept or deny full liability.
  • Denial of Payment: The insurance company may deny your claim but must notify the Bureau of Workers’ Compensation that it has done so.
• Petition: If your employer denied your claim, you may file a Claim Petition with the Bureau of Workers’ Compensation within three years of the date you were injured
• Assignment to a Judge: After you file your claim, your case will be assigned to a workers’ compensation judge.Hearing: At this stage, your workers’ compensation judge will schedule one or more hearings to weigh your arguments as to why you are entitled to compensation against your employer’s arguments as to why you are not. At this stage, you may be required to undergo additional medical examinations to be used as evidence.
• Decision: At the conclusion of your hearings, your workers’ compensation judge will render his or her decision either approving your claim or denying it.
• Appeals: If your workers’ compensation judge denies your claim, you may appeal his or her decision to the Workers’ Compensation Appeal Board. If your claim is further denied, you may then appeal to the Commonwealth Court and the Pennsylvania Supreme Court.

How Long Does This Process Take?

As with almost all legal questions, the answer is “it depends.” If your employer accepts full liability, you can expect to begin receiving benefits relatively quickly. However, if your claim is denied and you file a petition to the Bureau of Workers’ Compensation, you can generally expect a timeline of about eight to 12 months before a decision is rendered. Appeals to the Workers’ Compensation Appeal Board and the civil courts can prolong your case even further.

Can’t I Just Sue My Employer Directly for a Workplace Accident?

In most cases, no. The modern workers’ compensation system is designed to be a compromise between employers and employees; you agree to give up the right to sue your employer for personal injuries while your employer agrees to pay you benefits for injuries regardless of fault. You might be able to obtain a judgment or settlement faster if you were permitted to bring a civil action against your employer, but, to do so, you would have to follow the normal rules of civil procedure — that is, you would have to prove by a preponderance of the evidence that your employer was at fault for your injuries. Your employer would also be permitted to mount an aggressive defense, potentially defeating your claims.

Why Do I Need a Lancaster Workers’ Compensation Lawyer?

There is no requirement that injured workers hire a workers’ compensation attorney to pursue a workers’ compensation claim. For example, if your injury was fairly minor and you did not miss much work, you likely will be able to go it alone successfully. But for more complicated workers’ compensation claims, enlisting the assistance of an experienced Lancaster’s workers’ compensation lawyer can significantly increase your chances of success in obtaining compensation. Also keep in mind that your employer and its insurance company will assuredly be represented by expert counsel and that it is unwise to take on those odds by yourself.

Hiring a workers’ compensation attorney generally is advisable if one or more of the following statements applies to your case:

• You were severely injured: The more serious your injury, the more important your workers’ compensation claim is for your financial security, especially if your injury will prevent you from working as much or in the same field in the future.
• Your claim was denied: If your claim was denied and you intend to file a claim petition with the Bureau of Workers’ Compensation, you will need the assistance of an expert workers’ compensation attorney to take on your employer and its insurance company.
• There is a dispute as the cause, scope, or severity of your injury: It is not always clear exactly what caused a worker to become injured. For example, some workers’ compensation claimants suffer severe injuries due to pre-existing conditions being aggravated by minor injuries on the job. In those cases, their employer’s insurance company may attempt to cover only a portion of the injuries. If this happens to you, you should enlist the assistance of a workers’ compensation attorney to maximize your chances of obtaining a full recovery.
• Your accident involved third parties: Not all work-related injuries involve just an employee and an employer. In some cases, other parties can become involved if they contributed to the worker’s injuries. When third-party liability becomes an issue, you may need to seek the advice of a workers’ compensation attorney.

Contact a Lancaster Workers’ Compensation Lawyer

If you suffered an injury on the job, you likely are facing loss of wages and extensive medical bills. To get started on the road to recovery, contact a Lancaster workers’ compensation lawyer at Vanasse Law by completing our online form or calling us at 717-397-1010.