Frequently Asked Questions About Workers’ Comp in Scranton, PA
Scranton has always been an industrious city. A hub of manufacturing and industry since 1840, modern-day Scranton is the cultural, financial, and geographic center of the Lackawanna River Valley. Unparalleled access to a national transportation network enhances Scranton’s proximity to Northeast Corridor markets.
Scranton’s businesses have quick access to a busy international airport and accessibility to five major US highways. Scranton is just a short drive to major market hubs such as Philadelphia and Manhattan. Include Scranton’s rail access to Norfolk Southern and the Canadian Pacific Railway, and we can see why Scranton is the perfect home for busy manufacturing, retail, and warehouse operations.
Scranton’s historical beauty, location, and architecture and its proximity to the Poconos also mean that Scranton draws its share of tourism traffic.
According to the Department of Labor and Industry, Scranton employs 258,399 people as of 2022 across all of its many industries. Employees in Scranton’s warehouses, manufacturing plants, agriculture, hotels and restaurants, and transportation of goods and materials make Scranton run.
So what happens when you get hurt at your job in Scranton? Or become sick from your working conditions? What failsafe is there to protect Scranton workers?
That is when we turn to workers’ compensation insurance, also called workman’s comp or workers’ comp.
If you have been injured in Scranton or become sick from working conditions and require medical treatment, you might be scared and unsure about your future and have questions about PA workers’ compensation law.
Call your Scranton workers’ compensation lawyers at Munley Law today or fill out our form below for a free consultation. Our worker’s compensation lawyers have over 60 years of experience fighting for injured workers in Scranton and NEPA. We are nationally recognized for our expertise and record-setting awards for our clients. We can help you receive the workers’ compensation benefits that you deserve to help you recover physically and financially.
What is Workers’ Compensation?
Workers’ compensation insurance provides financial compensation for job accidents and illnesses that occur while on the job. Various state legislation and programs have specific requirements regarding worker protection. But with just a few exceptions, everyone is entitled to workman’s compensation benefits if they are injured or have become sick as a result of workplace accidents or working conditions.
Does Workers’ Compensation Cover Only My Medical Bills?
Workers’ compensation insurance provides coverage for lost wages and medical benefits to compensate employees who are injured, contract a disease, or have a condition worsen as a result of their employment, regardless of the employee’s previous medical or physical condition, and without regard to the employee’s fault in most cases.
If you have suffered from a work-related injury or illness, your employer or their insurance company must pay for reasonable and necessary medical expenses related to the injury and will cover some of the employee’s lost wages resulting from the injury or illness. These compensation benefits do not cover pain and suffering from the medical condition.
If you lost use of a body part or there was an amputation, you may receive specific loss benefits.
If you lost a loved one in a workplace accident, death benefits will cover the costs of the funeral and burial expenses.
If you have been injured on the job in Scranton you want the Scranton workers’ comp lawyers with more than six decades fighting for the rights of injured workers. Call your Scranton workers compensation attorney at Munely Law today for your free consultation.
How Much Does Workers’ Compensation Pay?
As a general rule, if the injury or disease is ruled compensable, in PA a worker is entitled to about two-thirds of their total salary if recovery lasts longer than seven calendar days.
- There is no maximum payment period. Payments are made for the entire duration of the disability. The payments are tax-free.
- The employee is entitled to workers’ comp payments until they have medically recovered with no work restrictions established by a workers’ compensation judge’s decision.
Medical benefits are also provided for under the Pennsylvania Workers’ Compensation Act. In PA, benefits for medical treatment for work-related injuries or diseases include:
- Services rendered by physicians or other healthcare providers
- Reasonable surgical and medical services needed
- Hospital stays for a semi-private room, hospital treatments, services, and supplies
- Prescription medicines
- Orthopedic appliances and orthopedic supplies such as braces, walkers, canes, etc.
Does Workers’ Compensation Cover Long-Term Conditions and Illnesses?
Workers’ comp eligibility is limited to occupational disease and injury, but certain restrictions exist. The workman’s comp program will cover you in the case of an accident, injuries sustained due to long-term stress, illnesses developed due to the job conditions, or an injury occurring on the job.
Speak with a qualified workers’ compensation attorney in Scranton for free if you have any questions.
Does Workers’ Compensation cover all Scranton Employees?
Yes. The Pennsylvania Workers’ Compensation Act provides workers comp coverage for all employees as a general rule. There are a few exceptions.
According to the PA Department of Labor and Industry, “workers’ compensation coverage is mandatory for most employers under Pennsylvania law. Employers who do not have workers’ comp coverage may be subject to lawsuits by employees and to criminal prosecution by the Commonwealth.
Exceptions include:
- People covered under the federal workers’ comp program, such as railroad workers, longshoremen, and federal employees
- Domestic servants (coverage is optional)
- Agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from a single employer
- Employees who have requested and been granted exemption due to religious beliefs or their executive status in certain corporations
Do All Workers’ Compensation Cases End in a Settlement?
The majority of workers comp claims will end with a settlement between the employee and the employer’s insurance company that works best for both sides. Still, there are many instances where no agreed settlement can be reached, and the case ends up in court.
If you’re asking “Do all Scranton workers’ compensation cases end in a settlement?” the answer is no, not always. If, for any reason, there is not an agreed settlement, your compensation case can be sent to a judge to make a ruling.
To ensure you receive maximum compensation or the best representation in the case of a trial, you should have an experienced lawyer by your side. The Scranton workers’ compensation lawyers at Munley Law Personal Injury Attorneys have been representing the hardworking people of Northeastern Pennsylvania for more than 60 years. We have experience as trial lawyers if your case does land in court, and we have the negotiating power to ensure you receive a fair settlement. Contact us today for a free consultation.
How Do I File My Initial Workers’ Comp Claim?
There are a few vital steps to opening your workers’ comp claim.
If you have been injured due to a workplace accident or incident, seek medical care and notify your employer immediately, preferably in writing. If you communicate with your employer verbally, follow up with a written notice of the incident. Include the exact day, time, location, and circumstances under which the injury occurred.
When you receive treatment from your doctor or a doctor referred to you by the company or its insurer, keep track of all your visits and medical records.
If you are opening a claim to receive benefits for an ongoing stress-related injury or disease occurring from working conditions, notify your employer as soon as you receive a diagnosis for your medical condition from a licensed medical doctor.
Steps for Filing Your Workers’ Compensation Claim:
Report your injury or illness to your employer
An injured employee is required to provide written notice, and most states set deadlines for reporting injuries. According to the PA Department of Labor & Industry, employees should report all injuries to their employer immediately.
In the case of an injury or illness caused over time, the employee must report the injury or disease according to these timeframes after receiving an official diagnosis.
The employer starts the affected worker filing the paperwork
Once you report your injury or illness, your employer will provide you with your claim form to be filled out and returned to them. This form will request all of the details of your injury or illness.
You should also be provided a “report of injury form” from your employer, which will be submitted to the Pennsylvania Workers Compensation Board.
The employer reports the injury or disease with PA and files your claim with their workers’ compensation insurance company
Your employer will send the claim form to your worker’s compensation insurer, and your doctor will be asked to submit an additional medical report.
The insurance company will approve or deny your benefits claim
Once the claim is filed, it is in the hands of the worker’s compensation insurance company to approve or deny your right to receive benefits.
If your claim is approved, the insurance company will inform your employer and contact you with benefit details. You and your Scranton workers comp attorney can now decide to:
- Accept the employer’s workers comp insurance company’s benefits offer as it stands, which may cover the costs of medical expenses, disability benefits, and some of your lost wages, or you can
- Negotiate for a settlement. This can be a one “lump-sum” payment or a larger structured settlement amount.
If your employer’s insurer denies your payments, then you and your Scranton workman compensation lawyer have the option to:
- Request a review for reconsideration from the workers’ comp insurer or
- File a formal appeal through the Pennsylvania State Workers’ Comp board
Do I Have to be Injured at My Workplace to be Covered by Workers’ Compensation?
In short, no. As long as you were injured while on the job, and you were not engaging in illegal activity (such as driving while intoxicated), you are entitled to collect workers comp benefits for your injury or disease. For example, if you had a slip and fall incident while delivering a package to a customer, you can still file a workers’ compensation claim since you were on the job at the time of the accident.
What Workplace Injuries Are Excluded From Workers’ Comp?
Workers’ compensation covers the majority of the injuries caused at work. Generally, workman’s compensation doesn’t pay for injuries due to drug or alcohol use. Insurance may be denied if you have a claim for personal injuries or accidents resulting from a personal injury, even if it happened at work but was NOT related to work-related duties or tasks, such as getting into a car accident in the parking lot at work due to reckless or intoxicated driving.
What Should I Do If My Workers Comp Claim is Denied?
The insurance company might deny your benefits at first. You are always entitled to appeal this denial. If your Scranton workers comp claim was denied, you need an experienced local attorney at your side to help fight for the money you deserve.
If your workers compensation claim in Scranton was denied, you should have an experienced lawyer by your side. The workers compensation lawyers at Munley Law have been representing the hardworking people of PA for more than six decades.
How Much Does It Cost to Hire a Scranton Workers’ Compensation Lawyer?
There is no fee when hiring a Scranton workers’ compensation lawyer. Our workers’ comp attorney work on a contingency fee basis. This means we will wok on your case for free until your workers’ comp claim is settled. If we are successful, we will take a percentage of your settlement. If we are unsuccessful, you do not owe us anything.
Nobody should have to go through this alone. Munley Law is here to help.
Call us today for your free consultation or fill out the form below and an experienced Scranton workers’ compensation attorney will be in touch to answer all of your questions and help you put together a plan of action.
Our attorneys are board certified by the National Board of Trial Advocacy and we have obtained millions for our clients who have sustained an injury in the workplace. Workers’ comp lawyer Caroline Munley is certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.
We will review your claim for free. Chat live, fill out our contact form, or call today. We do not collect a fee for our services unless we succeed in recovering your benefits. Se habla Espanol.
Munley Law Personal Injury Attorneys
227 Penn Ave.
Scranton, PA 18503
(570)865-4699
