You depend on your job in State College to support yourself and your family. A job-related injury or illness can cause you to miss substantial time from work, adding to your stress and financial hardships. How can you get the money you need to pay for your household bills as well as your medical bills and other expenses?

Luckily, you have two options in Pennsylvania to recover monetary compensation and benefits after suffering an injury or illness at work. One is to pursue a workers’ compensation claim. The other, if applicable, is to pursue a third-party claim against the at-fault party responsible for your injuries.

A State College workers’ comp lawyer from Marcus & Mack can review your case for free and determine the appropriate path to seek compensation. Contact us today for a free consultation and let us advise you of your rights and the best course of action for getting the financial recovery and benefits you deserve.

What Is Workers’ Compensation in Pennsylvania?

Workers’ compensation in Pennsylvania is a system designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. This system is intended to protect both workers and employers by providing a streamlined process for compensating employees for work-related injuries while limiting the employer’s liability.

Key features of the workers’ compensation system in Pennsylvania include:

  • Mandatory Coverage: In Pennsylvania, most employers are required to carry workers’ compensation insurance. This includes businesses with one or more employees, regardless of whether the employees are full-time or part-time. The exceptions are those who employ domestic workers, railroad workers, longshoremen, and federal employees.
  • No-Fault System: Workers’ compensation is a no-fault system, meaning that employees are generally entitled to benefits regardless of who was at fault for the work-related injury or illness. Even if the injury was the result of the employee’s own negligence, they are still eligible for benefits.
  • Benefits Provided: Workers’ compensation benefits in Pennsylvania typically include coverage for medical expenses related to the work injury, wage-loss benefits, and compensation for permanent injuries. In the case of a fatal work-related incident, dependents of the deceased worker may be eligible for death benefits.
  • Medical Treatment: Employees who suffer work-related injuries are entitled to receive reasonable and necessary medical treatment, including doctor visits, surgeries, prescription medications, and rehabilitation.
  • Wage-Loss Benefits: If a work-related injury results in lost wages, workers’ compensation provides wage-loss benefits. The amount is generally a percentage of the employee’s average weekly wage, subject to certain maximum and minimum limits.
  • Death Benefits: In the unfortunate event of a fatal work-related injury, surviving dependents may be entitled to death benefits, including burial expenses and financial support.
  • Dispute Resolution: Disputes regarding workers’ compensation claims are typically resolved through the Pennsylvania Workers’ Compensation Office of Adjudication. This office handles hearings and appeals related to workers’ compensation disputes.

Workers’ compensation laws can be complex, and the specific details of coverage may vary based on factors such as the type of employment and industry. An experienced workers’ compensation attorney in State College can help you navigate the system and ensure you receive your rightful benefits.

What Situations Does Workers’ Comp Cover in Pennsylvania?

State College Workers’ Comp LawyerIn Pennsylvania, workers’ compensation generally covers injuries and illnesses that arise while the employee was performing work-related duties.

Here are some common situations in which workers’ compensation may apply:

  • Workplace Accidents: Injuries resulting from accidents on the employer’s premises, such as slip and falls, machinery accidents, or falling objects.
  • Occupational Diseases: Illnesses or diseases that arise as a result of exposure to harmful substances or conditions in the workplace, such as lung diseases, skin conditions, or other occupational illnesses.
  • Repetitive Stress Injuries: Conditions caused by repetitive motions or overuse, such as carpal tunnel syndrome.
  • Work-Related Travel: Injuries arising from motorcycle accidents if the employee was driving for work-related purposes, such as making deliveries or traveling between job sites. It may also include work-related travel, such as business trips.
  • Injuries During Work Events: Injuries that occur during work-related events, such as company-sponsored outings, conferences, or training sessions.
  • Aggravation of Pre-existing Conditions: A pre-existing condition that is aggravated or worsened due to work-related activities.

Not all injuries or illnesses that occur at the workplace are automatically covered. Intentional self-harm, injuries resulting from drug or alcohol use, and injuries sustained while engaging in activities unrelated to work are generally not covered by workers’ compensation.

Additionally, if you receive workers’ comp benefits due to a work-related injury or illness, you cannot sue your employer for damages. The only possible exception is if your employer’s egregious negligence caused your injuries.

What Are Work-Related Third-Party Claims?

If an employee sustains injuries because of the negligence or wrongful actions of a party other than their employer, they may seek compensation through a third-party claim.

Here are some examples to illustrate work-related third-party claims:

  • Product Liability: If a worker is injured by a defective product or machinery while on the job, the injured worker may have a third-party claim against the manufacturer or distributor of the defective product.
  • Motor Vehicle Accidents: If an employee is involved in a work-related accident while driving (e.g., a delivery driver, salesperson, or construction worker), and the accident is caused by the negligence of another driver, the injured worker may have a third-party claim against that driver.
  • Subcontractor Negligence: If a worker is injured due to the negligence of a subcontractor or another entity not employed by the same employer, the injured worker may have a third-party claim.
  • Property Owner Negligence: If a worker is injured on someone else’s property due to unsafe conditions, the injured worker may have a third-party claim against the property owner or occupier.
  • Assaults or Attacks: In cases where a worker is assaulted or attacked by a third party while on the job, the injured worker may have a claim against the responsible party.

If you believe you may have a third-party claim involving your work-related injury, speak with a State College personal injury attorney at Marcus & Mack for help. We can assess the circumstances, identify potentially liable parties, and help pursue compensation through a third-party claim while ensuring that you continue to receive workers’ compensation benefits.

What Should I Do After a Workplace Accident in State College?

If you suffered an injury in a workplace accident or contracted a work-related illness, your top priority is to report the incident to your employer and seek immediate medical attention.

You should also document the scene if you’re able and collect the names and contact information of any eyewitnesses to the accident. Keep records of any time missed from work due to the injury, and cooperate with workers’ compensation insurers and any investigations related to your claim.

Employers are required to file workers’ compensation claims with their insurance carriers. However, you want to stay informed and be involved in the process as much as possible.

Compiling the necessary documentation and applying for workers’ comp benefits can be complex and challenging. Unfortunately, many applicants have their initial workers’ comp claims denied due to lack of evidence, errors, and other issues.

Contact an Experienced State College Workers’ Comp Attorney Today

Robert S. Marcus, Altoona personal injury lawyer

Robert S. Marcus Personal Injury Attorney in Indiana

Whether you wish to seek compensation through a workers’ compensation claim, a third-party claim, or both, you need to work with an experienced workers’ comp attorney in State College to protect your rights and increase your chances of a successful outcome.

The Pennsylvania workers’ comp attorneys at Marcus & Mack are here for you. We can provide invaluable guidance and advocate for you to help you get the full and rightful benefits you need. You face strict deadlines for filing a workers’ comp claim or third-party claim in Pennsylvania, so consult our personal injury attorneys right away.

Contact us today at (814) 238-3480 to request a free consultation.

Schedule a Free Initial Consultation Today!

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Marcus & Mack
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State College PA  16801
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Johnstown PA  15904
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