Does Workers’ Comp Protect Your Job in Scranton?

Workers’ compensation insurance provides benefits for your medical expenses and lost wages, but it does not automatically protect your job. Since Munley Law opened its doors over 65 years ago, we’ve been equipping our clients with the knowledge and power to stand up for themselves and protect their rights. We know we can do the same for you.

Read on for the next few minutes to gain insight into workers’ compensation benefits in Scranton, PA. If you have more questions after reading, please call or fill out our online contact form to meet with an experienced workers’ compensation lawyer for a free consultation. Our workers’ compensation attorneys in Scranton are here to vigorously defend your workers’ compensation claim against insurance companies that may attempt to reduce, delay, or deny your rightful benefits during your recovery.

What Is Workers’ Compensation in Scranton?

First things first: let’s start by understanding exactly what workers’ compensation is and what it looks like in Scranton. The Pennsylvania Workers’ Compensation Act of 1915 was established as a no-fault insurance system designed to protect both employees and employers in the event of work-related injuries or illnesses.

The insurance provides payment for medical expenses related to the injury, compensation for lost wages, specific loss benefits for permanent injuries, and death benefits for families of workers who suffered fatal workplace injuries. Most employers in Scranton and throughout the state are required by law to carry workers’ compensation insurance for their employees. Nearly all Scranton workers are entitled to these benefits if they are injured on the job.

Workers’ Rights in Scranton, PA

 

In any situation where you need to defend your rights, you should know exactly what they are. Here’s a snapshot of two key aspects of a workers’ compensation case:

Pennsylvania’s “At-Will” Employment State

Pennsylvania law does not require employers to hold an injured employee’s position open while they are recovering from an injury. While workers’ compensation insurance covers your medical expenses and provides partial wage replacement, it does not guarantee your job will be waiting for you when you’re ready to return. This is because Pennsylvania operates as an “at-will” employment state, where an employer can terminate employment at any time and for almost any reason.

Your Employer Cannot Retaliate for Filing a Workers’ Comp Claim

Although Pennsylvania is an at-will employment state, the injured employee has an important legal protection: your employer cannot fire you specifically because you filed a workers’ compensation claim. The Pennsylvania Supreme Court has established that employees must be able to pursue their legal workers’ compensation rights without fear of retaliation. If your employer terminates you solely because you filed for workers’ comp benefits, this would constitute illegal retaliation.

The distinction between legal termination and illegal retaliation isn’t always clear-cut, which is why many injured workers in Scranton seek legal counsel to ensure their rights are protected. At Munley Law, our workers’ compensation attorneys have helped thousands of Scranton residents pursue justice when their employers have treated them unfairly. Call today for a free consultation. A Scranton workers’ compensation lawyer will listen to your story, assess your case, and get started on your claim.

What Does Workers’ Comp Actually Cover in Scranton?

As we briefly touched on before, workers’ comp covers different types of expenses related to your workplace injury. Let’s take a deeper dive into the type of compensation available in your claim:

Medical Benefits

Workers’ compensation covers all reasonable and necessary medical care related to your work injury. Benefits cover medical bills for hospital stays, surgical procedures, medication, specialists’ visits, and ongoing care. In Scranton, you may be required to see a company-approved healthcare provider for the first 90 days of treatment, but you can choose your own doctor after this period.

Lost Wages Compensation

If your work injury prevents you from performing your job, workers’ compensation provides wage-loss benefits to replace a portion of your income. In Pennsylvania, these benefits generally amount to about two-thirds of your average weekly wage. These payments begin after you’ve been disabled for more than seven calendar days and continue for the duration of your disability.

Specific Loss Benefits

Workers’ compensation in Scranton also provides benefits for permanent injuries such as lost limbs, loss of hearing or vision, and serious or permanent disfigurement. These benefits are paid regardless of whether you miss work and are provided in addition to medical benefits.

Death Benefits

If a workplace accident results in death, workers’ compensation provides benefits to dependent survivors, including funeral and burial expenses and weekly death benefits for the surviving family members.

Job Protection Options While on Workers’ Comp

While Pennsylvania workers’ compensation laws don’t automatically protect your job, other federal protections may help secure your position while you recover from a workplace injury in Scranton. The most significant of these protections is the Family and Medical Leave Act (FMLA).

The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. During this time, your employer must maintain your health insurance coverage and return you to the same or an equivalent position when your leave ends.

To qualify for FMLA protection in Scranton, you must meet these requirements:

• Worked for your employer for at least 12 months
• Accumulated at least 1,250 work hours during the previous year
• Work at a location where your employer has at least 50 employees within a 75-mile radius

FMLA can run at the same time as your workers’ compensation leave, providing job protection for the first 12 weeks of your recovery. FMLA is not automatically granted when you file for workers’ compensation. Speak with a Munley Law workers’ compensation lawyer to file your claim and your FMLA leave while recovering from your job-related injuries.

Health Insurance Coverage and Other Benefits While on Workers’ Comp

Unfortunately, just as workers’ comp doesn’t protect your job, it also doesn’t guarantee continuation of your employer-provided benefits. Pennsylvania law doesn’t require employers to maintain your health insurance coverage while you’re on workers’ compensation leave. However, several options may be available to maintain coverage:

• FMLA Protection: If you qualify for and elect FMLA leave, your employer must continue your health insurance on the same terms as if you were still working. You’ll still need to pay your portion of the premium.
• COBRA Coverage: If your employer drops your health insurance or you’re terminated, the Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to continue your group health coverage for a limited time. Be aware that you’ll typically pay the full premium plus an administrative fee, making this an expensive option.
• Employment Contract or Company Policy: Some Scranton employers voluntarily continue benefits during workers’ comp leave, or your employment contract might guarantee continued coverage. Review your employee handbook or speak with HR to understand your company’s policy.

Filing Your Workers’ Comp Claim in Scranton

When you’re dealing with an injury, the last thing you want to think about is paperwork. This is why it’s so beneficial to partner with a Munley workers’ compensation lawyer. Our legal team will make sure your paperwork is filed correctly and on time. Here are the steps we’ll help you take:

Report Your Injury Immediately

Pennsylvania law requires you to notify your employer of any work-related injury within 120 days. In Scranton, you should report your injury to your supervisor or HR department as soon as possible in a written notice. The notice should include:

• Date, time, and location of the injury
• How the injury occurred
• What body parts were affected
• Names of any witnesses

Seek Appropriate Medical Treatment

For the first 90 days after your injury, you may be required to see a healthcare provider from your employer’s approved list. After this period, you can choose your own doctor.

Be sure to:

• Tell the doctor your injury is work-related
• Follow all treatment recommendations
• Keep records of all medical visits and instructions
• Request copies of all medical records

Follow Up on Your Claim

Once you’ve reported your injury, your employer should:

• Report the injury to their workers’ compensation insurance carrier
• File a First Report of Injury with the Pennsylvania Bureau of Workers’ Compensation

You should receive notification from the insurance company within 21 days indicating whether your claim has been accepted or denied. If denied, you’ll receive a Notice of Workers’ Compensation Denial form explaining the reason.

Common Reasons for Claim Denials in Scranton

Claims are frequently denied for reasons such as:

• Late reporting of the injury
• Dispute over whether the injury is work-related
• Pre-existing conditions
• Insufficient medical documentation
• Employer claims of employee misconduct

If your claim is denied, you have the right to file a petition with the Bureau of Workers’ Compensation. Your Munley personal injury lawyer will guide you through the appeals process while protecting both your benefits and employment status.

How a Munley Law Scranton Workers’ Compensation Attorney Can Help

When injuries disrupt your life, Munley Law stands ready to defend your rights. Our Scranton workers’ compensation attorneys—recognized among the Best Lawyers in America and Pennsylvania Super Lawyers—bring elite credentials to your case. As certified specialists by the Pennsylvania Bar Association (a distinction held by only 200 lawyers statewide), our team has secured millions for injured workers throughout Northeastern Pennsylvania while maintaining board certification from the National Board of Trial Advocacy.

We operate on a contingency fee basis—you pay nothing unless we recover compensation for you. This makes quality legal representation accessible when you need it most.

At Munley Law, we work as a team, meaning multiple attorneys collaborate on your case while an experienced paralegal assists with gathering necessary documentation. When needed, we leverage our resources to bring in leading experts—medical specialists, engineers, OSHA experts—to strengthen your case and testify on your behalf.

Our attorneys will protect you from illegal retaliation, maximize your workers’ compensation benefits, and navigate the appeals process if your claim is denied. We’ll also help you take advantage of FMLA accommodations, counter insurance company tactics, and explore third-party claims for additional compensation. From the moment you hire us, you gain tireless advocates who stand with you through every step of the workers’ compensation process.

Job Security and Financial Concerns FAQs for Injured Workers in Scranton

Many injured workers in Scranton face uncertainty about their financial situation and employment status while recovering from workplace injuries. Below are answers to common questions that can help you understand your rights and options

Q: Can I receive unemployment benefits while collecting workers’ compensation in Scranton

Generally, you cannot collect both unemployment and workers’ compensation benefits simultaneously in Pennsylvania. This is because unemployment benefits require you to certify that you’re able and available to work, while workers’ compensation typically indicates you’re unable to work due to injury.

However, there are exceptions if you’re receiving partial disability benefits and are capable of performing some work but your employer cannot accommodate your restrictions. In these specific situations, consult with a Munley Law attorney about the possibility of receiving both benefits.

Q: If I’m terminated while on workers’ comp, will my benefits automatically stop?

No, termination of employment does not automatically terminate your workers’ compensation benefits in Scranton. Your rights to medical treatment and wage loss benefits continue as long as you remain disabled from your work injury, regardless of your employment status.

However, if your employer offers you a job within your work restrictions and you refuse it, this could potentially affect your benefits. Always consult with your attorney before making decisions about job offers while receiving workers’ comp.

Q: Can my employer require me to use my paid time off (PTO) while I’m receiving workers’ compensation?

In Pennsylvania, employers cannot force you to use your accrued paid time off (sick leave, vacation time, etc.) while receiving workers’ compensation benefits. However, some employees choose to supplement their workers’ comp wage benefits with PTO to maintain their full income during recovery.

This is a personal choice and not a requirement. Before making this decision, discuss the potential implications with your Munley Law attorney, as it could affect your tax situation and overall benefits strategy.

Call the Munley Law Workers’ Compensation Attorneys to Start Your Claim

If you’ve been injured on the job in Scranton, remember that while workers’ compensation provides medical and wage benefits, it doesn’t guarantee your job security. While all this information may seem overwhelming, remember that you have help. You don’t have to do this alone. Munley Law’s experienced workers’ compensation attorneys understand the challenges you’re facing and will fight to protect both your benefits and employment rights.

Contact us today at 844-473-0906 for a free, no-obligation consultation about your workers’ comp claim. Our team is available 24/7 to answer your questions and help secure the compensation you need to get back on your feet.