Workers’ Compensation

Erie Workers’ Compensation Lawyers

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.

Pennsylvania Workers’ Compensation

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.

Private insurance companies hired by an employer pay workers’ compensation benefits. However, there is also a state-run workers compensation insurance company, referred to as the State Workers Insurance Fund (SWIF). Additionally, some companies opt to self-insure and pay all Workers’ Compensation benefits themselves.

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.

Workers’ Compensation Statistics

In 2018 the Pennsylvania Workers’ Compensation Claims Management Division processed:

  • 27,906 requests for records in 2018
  • Handled/responded to 39,545 workers’ compensation inquiries
  • Responded to 31,836 phone calls
  • Replied to 5,577 written inquiries, including 3,604 emails
  • Participated in 396 live chats
  • Dealt with 850 customer service tickets
  • Responded to 727 items of general correspondence
  • Aided 487 non-English speaking callers
  • 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

Employees filing a workers’ compensation claim may be entitled to a number of benefits. These benefits include:

  • Lost wages: Lost wages may be awarded if a worker is totally or partially disabled.
  • Specific loss benefits: Apply to the permanent loss of all or part of a finger, thumb, foot, leg, toe, eyesight or hearing. This also applies in cases of a serious, permanent scar or disfigurement on the neck, head or face. The amount of an award is typically determined by a formula.
  • Total disability benefits: These benefits are applicable when an injured worker is completely unable to perform their job. After 104 weeks of benefits, the employer or their insurance company can mandate a medical examination to determine if the worker is at least 35 percent impaired based on the 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: 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 top reinstate total disability benefits.
  • Medical benefits: Typically, a worker is apprised of medical benefits in the event of an accident by the employer posting a written notice in the workplace, outlining duties and rights that must 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.
  • Death benefits: 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.

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.

At Melaragno, Placidi & Parini we have handled many workers’ compensation cases.

Contact a Workers’ Compensation Lawyer

Our Erie workers’ compensation attorneys at Melaragno, Placidi & Parini, carefully evaluate each workers’ compensation claim. We can advise you on your legal rights and what compensation may be possible for your claim.

Melaragno, Placidi & PariniMaximizing your workers’ compensation and personal injury recovery.

Testimonials

I would recommend them to anyone and have. 

John is a great attorney.  John and his staff promptly return calls and emails when you have questions and concerns not only when the process starts but all the way to completion.  John and his staff have been a godsend throughout. I would recommend them to anyone and have. 

- Virginia

I would recommend them to anyone and have. 

John is a great attorney.  John and his staff promptly return calls and emails when you have questions and concerns not only when the process starts but all the way to completion.  John and his staff have been a godsend throughout. I would recommend them to anyone and have. 

- Virginia

Attorney Parini impressed me as soon as I met him.

I knew right off the bat that this attorney was the person I wanted to represent me. His very intimidating posture, led me to believe he could handle anything that would come his way. The man is a winner.  

- J.C.

Gene was awesome!!!

He handled everything so I didn’t have to worry and could just focus on my recovery and get back to work. He was always available and quick to return my phone calls and emails with the answers I needed. My case was handled quickly and with no added stress to me or my family. I would recommend Matt to anyone in need of assistance after a motor vehicle accident.

- V.L.