 | Q: | What should I do if I am hurt at work? | |
| A: | You should immediately report your injury to your supervisor in charge and/or human relations or resource department. You should then seek medical treatment and follow your treating physician’s recommendations for care and work-related restrictions. You must provide a copy of your work restrictions to your employer. | |
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| Q: | What rights do I have under the Pennsylvania Workers Compensation Act? | |
| A: | Under the Pennsylvania Workers Compensation Act, workers injured on the job or having an occupational disease are entitled to weekly compensation benefits, if disabled, reasonable, necessary, and causally related medical expenses and/or death benefits and burial expenses in the event of death. | |
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| Q: | Do I have to treat with a company doctor? | |
| A: | You only have to treat with a company doctor if your employer has a list of physicians that meet the requirements of the Workers Compensation Act. You must be provided with a list of medical providers and have the choice of whom to treat with. You must be provided this list both upon hire and following the reported work-related injury. If you have questions about whether the list of doctors provided by your employer meets the requirements of the Pennsylvania Workers Compensation Act, contact Angino & Rovner. | |
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| Q: | What if the accident and my injury are my own fault? | |
| A: | Fault is not a consideration under the Pennsylvania Workers Compensation Act. However, an activity outside of your employment done during working hours may jeopardize your rights. Call Angino & Rovner. | |
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| Q: | Can I recover for pain and suffering? | |
| A: | There is no provision for recovery of pain and suffering under the Pennsylvania Workers Compensation Act. | |
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| Q: | What will happen if my employer denies my claim? | |
| A: | You must file a Workers Compensation Claim Petition. Once a Petition is filed for benefits with the Pennsylvania Bureau of Workers Compensation, it will be assigned to a workers compensation judge. Depending on the judge, the initial hearing in most cases will be used as a pretrial hearing. You will not be required to testify at this hearing, however, you should attend if at all possible. At this hearing, your attorney will present your side of the case. You will also hear defenses to the case. In addition, deadlines for medical testimony and fact witnesses will be mapped out as well as an end date for hearings. Prior to any hearing in which you testify, you will meet with your Angino & Rovner attorney to review the facts of your case, prepare for your testimony, and have any of your questions answered. | |
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| Q: | How many hearings will there be? | |
| A: | Depending on the judge assigned, there will generally be a pretrial hearing followed by a hearing for your testimony. If there are any employer witnesses, additional hearings would then be scheduled accordingly. However, there are some judges who schedule hearings regardless of testimony, every 30 to 45 days, and use these hearings as status hearings. | |
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| Q: | How long will my case take from beginning to end? | |
| A: | As a general rule, workers compensation cases can take anywhere from nine to fifteen months from beginning to end. This is from the date a Petition is filed until you receive a judge’s decision. Settlement is possible at any stage, even if there is no pending litigation. You must keep in mind, it is the judge that schedules the hearings not the attorneys. The judge’s also set deadlines for evidence, including medical depositions from treating physicians and independent medical examiners in conformance with Pennsylvania law. | |
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| Q: | If I lose, can I appeal? | |
| A: | If an adverse decision is reached by the workers compensation judge hearing your case, it will be reviewed by our office. If the judge has made an error of law, an appeal can be filed with the Workers Compensation Appeal Board. Angino & Rovner never promises to take an appeal on any adverse ruling but will consider appealing on a case-by-case basis. The most common reason for adverse decisions is credibility determinations, and this issue is for the finder of fact or the workers compensation judge and cannot be overturned on appeal. Only errors of law can be reviewed. | |
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| Q: | May I seek to have my benefits paid in a lump sum? | |
| A: | Settlement is the means to secure your benefits in a lump sum. The means by which a settlement occurs is called a compromise and release agreement. The means to accomplish a compromise and release agreement was established in 1996 when Governor Ridge passed an amendment to the then existing Workers Compensation Act, known as Act 57. Act 57 allowed injured workers and employers along with their insurance carrier to settle cases pursuant to a compromise and release agreement. Injured workers are able to settle future and past wage loss claims as well as past and future medical claims. The settlement amount depends on the facts of your individual case, including your average weekly wage and workers compensation benefit amount as well as your level of disability. An experienced attorney will be able to provide guidance on settlement, and it is wise to talk to an attorney in advance of entering into any settlement. | |
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| Q: | Once I settle, can I change my mind? | |
| A: | A settlement agreement has to be approved by a workers compensation judge. The sole charge of the workers compensation judge with regard to settlement is to determine whether you understand the legal significance of the agreement. If the judge determines you understand the legal significance of settlement, the workers compensation judge will approve the settlement. If you then change your mind, it is your burden to prove that you did not understand the legal significance at the time you testified. Changing your mind is simply not enough to overturn the settlement once you have signed the documents and the workers compensation judge has issued a decision approving your settlement. | |
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