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Philadelphia Workers Compensation Laws (2023)
Pennsylvania workers’ compensation laws are designed to provide financial protection and support for employees who suffer injuries or illnesses in the course of their employment. Understanding these laws is crucial to ensure a fair and efficient process in the event of a workplace injury.
The Pennsylvania’s Workers’ Compensation Act
The PA Workers’ Compensation Act stands as a cornerstone in the protection of employees injured or afflicted by work-related incidents. Enacted to provide a comprehensive framework for compensation and support, it is used for:
Pennsylvania Workers’ Compensation Act
“Defining the liability of an employer to pay damages for injuries received by an employe in the course of employment; establishing an elective schedule of compensation; providing procedure for the determination of liability and compensation thereunder; and prescribing penalties. (Title reenacted and amended June 4, 1937, P.L.1552, No.323)”
The Act establishes rights and responsibilities for both employers and workers.
Coverage and Eligibility
Pennsylvania’s workers’ compensation laws cover most employers and employees. Eligible employees include full-time and part-time workers, seasonal employees, minors, and even certain volunteers. Coverage begins on the first day of employment and is available regardless of fault, with the following limited exceptions:
“Every employer shall be liable for compensation for personal injury to, or for the death of each employe, by an injury in the course of his employment, and such compensation shall be paid in all cases by the employer…Provided, That no compensation shall be paid when the injury or death is intentionally self inflicted, or is caused by the employe’s violation of law…”
Injuries Covered
Workers’ compensation benefits in Pennsylvania cover a broad range of injuries and illnesses that occur in the workplace.
Article III Section 301 (c)
The terms “injury” and “personal injury,” as used in this act, shall be construed to mean an injury to an employe, regardless of his previous physical condition, except as provided under subsection (f), arising in the course of his employment and related thereto, and such disease or infection as naturally results from the injury or is aggravated, reactivated or accelerated by the injury; and wherever death is mentioned as a cause for compensation under this act, it shall mean only death resulting from such injury and its resultant effects, and occurring within three hundred weeks after the injury…”
In addition, “The terms “injury,” “personal injury,” and “injury arising in the course of his employment,” as used in this act, shall include, unless the context clearly requires otherwise, occupational disease as defined in section 108 of this act.”
This includes any injury sustained during work-related activities, the aggravation of pre-existing conditions, and occupational diseases.
Reporting Requirements
Employees must promptly report workplace injuries or illnesses to their employers,
Section 311
“Unless the employer shall have knowledge of the occurrence of the injury, or unless the employe or someone in his behalf, or some of the dependents or someone in their behalf, shall give notice thereof to the employer within twenty-one days after the injury, no compensation shall be due until such notice be given, and, unless such notice be given within one hundred and twenty days after the occurrence of the injury, no compensation shall be allowed.”
In other words, employees must give notice of a work-related injury or illness as soon as possible but within 21 days to receive retroactive benefits unless the employer is already aware. However, injured or ill employees have up to 120 days to notify their employer before they lose the right to workers’ comp benefits.
Medical Benefits
Injured workers are entitled to reasonable and necessary medical treatment related to their workplace injury.
Section 306 (f)
“The employer shall provide payment in accordance with this section for reasonable surgical and medical services, services rendered by physicians or other health care providers, including an additional opinion when invasive surgery may be necessary, medicines and supplies, as and when needed.”
Employers must provide a list of at least six designated healthcare providers, but workers can choose their own provider after 90 days.
Wage Loss Benefits
Workers may be eligible for wage loss benefits if their injury results in time away from work. The benefits are typically two-thirds of the worker’s average weekly wage, up to a weekly maximum, and available on the eighth day of injury. If you cannot work for 14 days or longer, you will receive retroactive payment for the first seven days.
Total Disability—Section 306 (a) (1)
“For total disability, sixty-six and two-thirds per centum of the wages of the injured employe as defined in section 309 beginning after the seventh day of total disability, and payable for the duration of total disability, but the compensation shall not be more than the maximum compensation payable as defined in section 105.2.”
Partial Disability—Section 306 (b) (1)
“For disability partial in character caused by the compensable injury or disease (except the particular cases mentioned in clause (c)) sixty-six and two-thirds per centum of the difference between the wages of the injured employe, as defined in section 309, and the earning power of the employe thereafter; but such compensation shall not be more than the maximum compensation payable. This compensation shall be paid during the period of such partial disability except as provided in clause (e) of this section, but for not more than five hundred weeks.”
Statute of Limitations
Pennsylvania has specific time limits for filing workers’ compensation petitions, known as the statute of limitations. It is crucial for injured or ill workers to adhere to these laws, or they will be barred from collecting benefits. When a worker is injured on the job or becomes ill due to a work hazard and has been denied medical or wage loss benefits, they have up to three years from the date of the injury to file a workers’ compensation petition.
Section 315
“In cases of personal injury all claims for compensation shall be forever barred, unless, within three years after the injury, the parties shall have agreed upon the compensation payable under this article; or unless within three years after the injury, one of the parties shall have filed a petition as provided in article four hereof. In cases of death all claims for compensation shall be forever barred, unless within three years after the death, the parties shall have agreed upon the compensation under this article; or unless, within three years after the death, one of the parties shall have filed a petition as provided in article four hereof.”
Contact A Philadelphia Work Injury Attorney Today
If you or a loved one has suffered an injury on the job or became ill, seeking legal advice from an experienced Philadelphia work injury attorney is critical. They can help navigate the complexities of the workers’ compensation system, ensuring you or your loved one receives fair treatment and just compensation.