Legal Question in Workers Comp in Pennsylvania

Under PA law, any person injured during the course of his employment is entitled to 1) have his medical bills paid by his employers WC insurance company; 2) if he is disabled, he is entitle to receive a portion of his salary (indemnity) benefits for so long as he is disabled.

There are some technical issues that you should be aware of. During the first 90 days after the injury, you are required to see a physician whose name should be posted or provided by your employer ( a panel physician). Following 90 days, you will be able to see a doctor of your own choosing.

Second, it is rare in this economy, for a WC insurance company to agree that you are disabled and cannot perform your job duties. They will rely on the opinion of the panel physician, who essentially works for the employer. If you receive a denial letter, you must file a Claims Petition with the Bureau of Labor and Industry. A typical WC case takes from12 to 18 months to be decided. During this time, you will not receive benefits, evenif you cannot work.

Any person who is injured at work should see a WC attorney immediately. The sooner, the better. Generally, a WC attorney cannot charge a fee unless authorized by a WC Judge. Usually this is a contingent fee of 20% of the benefits the lawyer gets for you. Generally, no experienced WC lawyer will charge you a fee for an initial onsultation.

Remember: The WC Insurance Company is not your friend, no matter how nice they seem to be after the injury. They are in business to make money, and any money they pay to an injured worker means less money for them.

You need someone on your side, and an experienced WC lawyer has to be your first priority.