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A: Workers’ compensation provides payment for wages and
medical expenses for injuries that occur in the course of a person’s
employment. |
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| Q: How much will I be
paid for my lost wages? |
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A: Under Pennsylvania law, a person who cannot work
because of a work injury is entitled to 66 2/3% of his average weekly
wage, subject to a statewide maximum payment. For 2001, the maximum
weekly payment is $644.00. This figure is adjusted each year, according
to average earnings throughout Pennsylvania. |
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Q. Will my weekly payments be adjusted
for inflation? |
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A. No. Your payments are based on your wages at the time
of your injury. |
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| Q. How do I choose a
doctor if I am injured at work? |
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A. If your employer has established a panel of doctors,
you must choose from one of those providers for 90 days after your
injury. You can go to your own doctor if you want to, but workers’
compensation will not pay for that treatment for the first 90 days. If
there is no panel of doctors established by your employer, you may treat
with a doctor of your choosing. |
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| Q. I was hurt at work,
but my claim has been denied. What can I do? |
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A. In Pennsylvania, all litigation concerning workers’
compensation claims is handled through an administrative law system run
by the Bureau of Workers’ Compensation, a department of the Pennsylvania
Department of Labor and Industry. Workers’ Compensation judges hold
hearings concerning all contested matters, which include claims by
employees for wage and medical benefits, and employer petitions to
terminate or modify benefits. |
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| Q. Do I need a lawyer for
a workers’ compensation claim? |
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A. If you are receiving benefits, and there are no
contested issues with the employer/insurance company, probably not.
However, if any petitions are filed to change or stop your benefits, or
if you are having a dispute about your benefits, you should consult with
a lawyer. Workers’ compensation is a complex area of law, and you should
be represented by an attorney if there is any legal dispute about your
right to receive wage or medical benefits. |
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| Q. How are cases settled? |
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A. Sometimes, a case can be settled for a lump sum of
money in a procedure known as a “compromise and release”, which can end
the obligation for payment of wage payments and/or medical benefits. DO
NOT SETTLE A WORKERS’ COMPENSATION CLAIM WITHOUT LEGAL ADVICE. |
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| Q: I was hurt at work,
and it was my employer’s fault. Can I sue my employer? |
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A: No. With very rare exceptions, if an employer has
workers’ compensation insurance, an employee may not sue his or her
employer for injuries, but can recover workers’ compensation benefits. |
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| Q:
What are the fees for a workers’ compensation case? |
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A: Usually, our fees are based upon a percentage of
benefits. We try to recover all costs, and in some cases can also
collect our legal fees from the employer or its insurer, instead of from
you. All fees are discussed at the time that you hire our firm, and are
always confirmed in writing with you. |
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