Erie Workers' Compensation Lawyers
Your Erie workers' compensation lawyer from Melaragno, Placidi & Parini has your back.
Workers’ compensation is a mandatory, no-fault insurance that ensures workers injured at work receive compensation. Under Pennsylvania’s Workers’ Compensation Act, an employer has to cover any worker.
An injured or ill Pennsylvania worker may file a claim with the Pennsylvania Workers' Compensation Board, under the auspices of the Workers Compensation Act. The claim allows an injured worker to recover all related medical expenses and lost wages. If a worker is killed on-the-job, death benefits are paid to dependent survivors.
Pennsylvania Workers' Compensation
Virtually all workers are covered under the Pennsylvania Worker's Compensation Act, and that includes seasonal or part-time workers. Workers' compensation benefits begin the first day a worker is hired, and medical benefits are paid from the instant a worker sustains an injury. Lost wages are paid tax-free at what is deemed the "compensation rate," a rate calculated by formulas and what the worker's average weekly wage or salary happens to be.
To ensure an injured worker receives benefits for an injury or illness, they need to report their injury to an employer within a strict time limit. It is best to report any incidents, including the date, time and location of where the accident took place, as soon as possible to the employer and/or immediate supervisor. Waiting may mean the employer attempts to deny a worker's credibility and their benefits, claiming the individual was hurt outside of work.
According to the law, an injured worker must report an injury accident no later than 120 days after the injury in order for workers' compensation benefits to kick in. This is important to note. If the employer does not know about an injury within three weeks (21-days) of the accident, no workers' compensation benefits are paid until the injured worker gives the required notice.
If an employer, or the employer's insurance firm, rejects a workers' compensation claim, the worker has three years from the date of the accident or injury to file a claim. There are other rules and exceptions that apply to exposure to hazardous materials or a hazardous workplace that are covered during a free consultation with an experienced workers' compensation attorney at Melaragno, Placidi & Parini.
Why You Need a Workers’ Compensation Lawyer
Some business owners do not always rigorously adhere to the rules and regulations governing workers' compensation insurance. In such cases, there are often legal issues that result in the need for a Petition to be filed to enforce an injured workers’ rights.
This is why hiring a well-respected Erie workers' compensation attorney at Melaragno, Placidi & Parini is the best option. If you are entitled to compensation, and there is an issue, an experienced attorney can ensure you get the compensation you deserve.
Attorney Parini was knowledgeable about the law and did a great job in working hard to help me with my problem. He was always available to answer my questions.
In 2018, 27,906 records requests were processed by the PA Workers' Compensation Claims Management Division.
How many people file for compensation in PA?
The Pennsylvania Workers' Compensation Claims Management Division
handled 39,545 workers' compensation inquiries, responded to 31,836 phone calls, replied to 5,577 written inquiries, including 3,604 emails, and participated in 396 live chats. In addition, it dealt with 850 customer service tickets, aided 487 non-English speaking callers, and researched workers' compensation status of 1,402 employers who canceled/failed to renew their insurance policy with the State Workers' Insurance Fund (SWIF) seeking compliance.
Workers’ Compensation Benefits
Lost wages may be awarded if a worker is totally or partially disabled.
Specific loss benefits:
These benefits are awarded for the permanent loss of all or part of a finger, thumb, foot, leg, toe, eyesight or hearing, or incases of permanent scaring or disfigurement on the neck, head or face. The award is determined by a formula.
Total disability benefits:
These benefits are applicable when an injured worker is unable to perform their job. After 104 weeks of benefits, the employer or insurance company can mandate a medical examination to determine whether the worker is 35 percent impaired per American Medical Association (AMA) standards. If the 35 percent threshold is not met, the employer can change a worker's benefits to partial disability.
Partial disability benefits:
These benefits permit workers to stay on partial disability for a maximum of 500 weeks. If the condition worsens and results in a qualified impairment of over 35 percent, the worker may petition to reinstate total disability benefits.
Typically, an employer must post a written notice in the workplace, outlining duties and rights to be adhered to after an injury. Workers who sustain an injury in the workplace are entitled to payment for all their medical expenses by the employer or the employer's insurance company.
Survivors of a deceased worker may be entitled to benefits under Workers' Compensation law. An experienced Melaragno, Placidi & Parini Erie workers' compensation attorney can help with this.