No matter what kind of company one works for, as long as one is an “employee,” as defined in the Pennsylvania Workers’ Compensation Act (and not otherwise excluded by other laws, such as federal employees, military personnel, maritime workers and railroad workers), one is entitled to workers’ compensation benefits if…
Articles Posted in Worker Comp Generally
PA Bureau of Workers’ Compensation Seminar Will Cause Brilliant & Neiman to be Closed May 30, 2024 and May 31, 2024
On May 30, 2024 and May 31, 2024, the annual Pennsylvania Bureau of Workers’ Compensation “Workers’ Compensation Conference” will take place in Hershey, PA. Here, attorneys, Workers’ Compensation Judges (WCJs), employer representatives, adjusters, risk management/safety employees and others who work in the world of workers’ comp across the entire State…
PA Workers’ Compensation Maximum Rate for 2024 Announced
The Pennsylvania Bureau of Workers’ Compensation has released the maximum workers’ compensation rate for injuries suffered in 2024. This is based upon the statewide average weekly wage. For injuries suffered in 2024, the maximum workers’ comp rate will be $1,325.00 per week. This is up from the 2023 maximum rate…
Three Year Statute of Limitations Applies in PA Workers’ Comp With Medical-Only Notice of Compensation Payable
We are often asked why an injured worker in Pennsylvania needs an attorney. “They know I got hurt on the job,” the injured worker might say, “Why would I need a lawyer?” Well, the Commonwealth Court of Pennsylvania recently issued a decision that demonstrates why every injured worker in PA…
Types of Diagnostic Testing Used for PA Workers’ Compensation Spinal Injuries
When an injured worker in Pennsylvania hurts his or her spine, there are many diagnostic tests that a doctor may prescribe. Sometimes, the doctors do not fully explain what a test is, or what it may show. We believe that an injured worker should be fully informed, whether as to…
Injured at Work in Pennsylvania?
You are hurt at work. What do you do now? Keep in mind that not every injury is a sudden event, like injuring your low back picking up a box or falling down steps at work. Some injuries are harder to determine and understand, even for the person who is…
Injured Worker in PA Must Prove Nonexistence of a Job at Employer
Since the 1996 changes to the Pennsylvania Workers’ Compensation Act (“Act”) took place, workers’ comp insurance carriers have had the ability to use Labor Market Surveys [LMS] (also known as Earning Power Assessments [EPA]) to reduce or stop the payment of workers’ compensation benefits. We have previously addressed the “prerequisite”…
Injured Worker in Pennsylvania Must Give Notice of Work Injury Within 120 Days
Under the Pennsylvania Workers’ Compensation Act, an injured worker has 120 days to provide notice of a work injury to his or her employer. If notice is not given within this time, a Claim Petition may be barred. The time period for giving notice can be extended where the work…
Description of Work Injury in Claim Petition Matters in PA Workers’ Comp
When a person is injured at work in Pennsylvania, and the injury is not accepted by the workers’ compensation insurance carrier, the injured worker must file a Claim Petition to seek benefits. Once the Claim Petition is filed, the insurance carrier has 20 days to file an Answer, responding to…
The Opinion of a Medical Expert in PA Workers’ Compensation Need Not Have Magic Words
To prevail in a PA workers’ compensation case, typically the successful party presents the testimony of a medical expert, whose opinion is accepted by a Workers’ Compensation Judge (WCJ). This expert opinion must be “to a reasonable degree of medical certainty.” What is encompassed by those words is a bit…