Under Workers’ Compensation, the employer is responsible for medical care and treatment that is reasonable and necessary as a result of the work injury. What happens when new symptoms arise sometime after the actual work incident? Are the new symptoms considered part of your work injury?
If you are injured while commuting to or from work, you generally cannot make a Workers’ Compensation claim. Commuting to and from work is not considered in the course of employment (“coming and going rule”). The following are exceptions to this general rule:
The Workers’ Compensation Act provides that an employee’s workers’ compensation claim may be resolved, in whole or in part, through a Compromise and Release of your workers’ compensation benefits. “Compromise and Release” is the name given to the settlement documents when you settle your claim. The settlement is referred to as a “C&R”.
The issue of whether a travelling employee’s activity is in furtherance of the employer’s business and affairs, and therefore in the scope of employment, is difficult to determine. If a travelling employee is injured after setting out on the business of the employer, it is presumed that the employee is in the course and scope of employment when the injury occurs. However, this is not without limits. The courts have to look at the employee’s activity and the circumstances surrounding the injury event. They must look to see if the employee is engaged in an activity that was reasonable and incidental to the employment duties at the time. If the court cannot find that the activity is reasonable and incidental to his/her job, then any claim will be denied.
Under Pennsylvania Workers’ Compensation Law, employers and insurers can be subject to monetary penalties. The Law provides that the Court has the power to impose penalties for a violation of any provision of the Workers’ Compensation Act, Rules and Regulations. Employers and insurers may be penalized up to ten percent (10%) of an amount awarded, plus interest. This penalty may be increased to fifty percent (50%) in cases of unreasonable or excessive delays.
The Pennsylvania Workers’ Compensation Act provides that certain injuries are eligible for specific loss awards. A specific loss in Workers’ Compensation is when you lose use of a specific body part. In that case, the Workers’ Compensation Act has predetermined a set amount of weeks that you are permitted to receive payment, based on the body part you lost.
Medical Benefits You have a right to reasonable and necessary medical care for your work-related injury. Total Disability Wage Loss Benefits (TTD) You have the right to TTD benefits as long as you are unable to work because of your work injury. Partial Disability Wage Loss Benefits You have a right to Partial Disability Wage… Continue Reading
Your employer has 21 days from the date they are notified of the work related incident to accept or deny your claim. If your claim is accepted, a Notice of Compensation Payable (NCP) should be issued. It is important that you get a copy of the NCP and check the accuracy of the information put on this form.
REPORT the accident to your employer, even if you think you are not seriously hurt. By reporting the accident you protect yourself against the employer who might claim that you were injured away from the workplace. If possible, report the accident in writing or in the presence of a reliable witness.
As a follow up to my previous post in which I discussed the rights and responsibilities of pedestrians and motorists as crosswalks, I wanted to add a very important note about certain instances in which the safety of all parties is not clearly defined.