Pittston Workers’ Compensation Lawyer
Most employers in Pennsylvania are required by law to obtain workers’ compensation insurance for their employees. These policies ensure that if an employee is injured while on the job, he or she will have access to medical care and will also be compensated for lost wages and out-of-pocket costs regardless of who was at fault for the accident. Filing a workers’ compensation claim can be complicated, as it requires strict adherence to a number of important procedural rules and deadlines, so if you or a loved one were hurt at work, it is important to contact an experienced Pittston workers’ compensation lawyer who can ensure that your own claim is not denied due to a minor error.
What is Workers’ Compensation Insurance?
Workers’ compensation insurance provides employees who are injured on the job with certain benefits, including:
- Compensation for medical expenses for diagnosis, treatment, and rehabilitation;
- A weekly payment totaling two-thirds of a person’s average weekly wage;
- Compensation for permanent disability.
Unlike personal injury suits, workers’ comp claims do not require that petitioners prove fault in order to recover compensation. Instead, injured workers need only notify their employer of the injury within a certain period of time and in some cases, to obtain treatment from pre-approved healthcare providers. It’s important to note that Pennsylvania employees are covered for the entire period of their employment, so even if a person is injured on the first day of work, he or she will still be eligible for workers’ comp payments.
Calculating Average Weekly Wage
One of the most important benefits offered under Pennsylvania’s workers’ compensation program is wage replacement. These payments are calculated based on an employee’s gross wages, which includes salary, overtime, bonuses, tips, and vacation pay. Generally, workers’ compensation policies pay two-thirds of an injured worker’s average weekly wage up to a certain amount. For instance, this year, the maximum amount that an injured employee could recover in wage replacement is $1,049 per week.
Although most Pennsylvania employers are required to provide their employees with workers’ compensation coverage, there are a few exceptions to this rule. For instance, employees who are covered under other workers’ compensation laws, such as railroad workers and federal employees, are not covered by Pennsylvania’s workers’ compensation program. Other exempt employees include:
- Domestic employees;
- Agricultural workers who work fewer than 30 days or earn less than $1,200 a year; and
- Employees who have requested and been granted an exemption due to their religious beliefs or executive status.
Except in these few instances, Pennsylvania employers are required to obtain workers’ comp insurance for their employees, either through a licensed insurance carrier or the State Workers’ Insurance fund, although in certain cases, employers are permitted to self-insure.
Contact Our Office by Phone or Online Message
If you were injured at work, please call 570-821-5717 to speak with a dedicated workers’ compensation lawyer at the O’Donnell Law Offices about filing a claim for compensation. A member of our legal team can also be reached via online message.