Work Accidents in Philadelphia – What Can You Recover (Part 1)


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Workers’ Compensation Benefits

According to the Pennsylvania Workers’ Compensation and Workplace Safety 2011 Annual Report, there were over 83,144 work injury cases reported to the Bureau of Workers’ Compensation. This is a 2.8% decrease from the 85,560 work injury cases reported in 2010. Work accident deaths increased in 2011 (111), compared to 2010 (110).

Injured workers are commonly mistaken about their rights to receive compensation under Pennsylvania law. Below is a discussion of the common types of damages recoverable after a work accident in Pennsylvania.

Workers’ Compensation Benefits in Pennsylvania – A Brief Summary

In general, injured workers can receive medical treatment and indemnity (wage loss caused by disability) by filing a workers’ compensation claim.

Related: Work Accidents in Philadelphia – Should You File a Workers’ Compensation Claim?

Medical Treatment

  • Medical treatment is provided regardless of whether there is a disability or not.
  • For the first 90 days of treatment, injured workers must treat with medical providers selected by the employer. After the 90 days, injured workers may treat with their own doctors, provided they notify the employer within 5 days of the first appointment.
  • All medical treatment must be reasonable and necessary.

Indemnity (Disability)

  • Compensation rates are calculated according to a statutory schedule, known as the “average weekly wage.”
  • Compensation rates are calculated depending on the type of disability (total versus partial) and wage structure (salary versus varied/hourly).

Specific Loss Benefits

  • Compensation is payable for amputation or permanent loss of the use of certain parts of the body (legs, arms, etc.).
  • Compensation is payable for loss of hearing in one or both ears or loss of sight in one or both eyes.
  • Compensation is payable for serious permanent disfigurement of the head, face or neck.
  • Compensation rates are calculated according to a statutory schedule.

Death Benefits

  • Weekly compensation benefits and burial expenses are provided.
  • Compensation rates are calculated according to a statutory schedule.
  • There is a recipient order list: widow, minor children, parents, and siblings, subject to specific qualification rules.

Other Potential Claims in a Work Accident Case in Philadelphia

Injured workers may be able to make other claims in addition to a workers’ compensation claim. For instance, injured workers often have viable claims against other, non-employer parties. A common example involves a factory worker who is injured using a defective machine. The worker would be eligible to make both a workers’ compensation claim and a defective product injury claim. Click here for part 2 of this article and learn about personal injury cases in work accident cases.

If you or a loved one was injured in a work accident in Pennsylvania, please call our office for a free consultation. Our lawyers specialize in handling work accident cases and may handle a workers’ compensation claim or refer a workers’ compensation claim to another law firm. Our lawyers have recovered millions for injured workers. Click To Call

DISCLAIMER: Since each case is unique, discussion of prior outcomes and settlements in past cases is no guarantee of a similar outcome in current or future cases. This website does not create any attorney-client relationship or provide legal advice. It is crucial to speak to a qualified lawyer prior to making any decision about your case.