Hazleton Workers’ Compensation FAQ

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Workplace injuries are an unfortunate risk and reality for employees across all sectors in Luzerne County, PA, and getting compensation can be difficult, which is why we’re here to answer your questions. A city like Hazleton poses an immense risk of workplace injury due to the prevalence of warehouse jobs such as those at Amazon, UPS, and Frito-Lay. In a warehouse, the risk of a forklift-related injury alone is enough to make anyone nervous.

If you or a loved one has sustained a workplace injury, we are deeply sorry for your trauma. The good news is that help is available, and you may be eligible to receive workers’ compensation. We understand that, like many others, you may be overwhelmed by this complex system and unsure where to start. You may also be nervous about the consequences that could come from entering a potential legal battle with your employer.

At Munley Law, we can assure you that it is absolutely within your rights to pursue workers’ compensation, and we are here to help you do that. Read on to find answers to all your workers’ compensation questions, and do not hesitate to contact a Hazleton workers’ compensation lawyer today for a free initial consultation.

Contact a Workers’ Compensation Attorney at Munley Law

 

What is Workers’ Compensation in Hazleton?

Workers’ compensation, often called “workers’ comp,” is a state-mandated insurance program governed by the Pennsylvania Workers’ Compensation Act (77 P.S. § 1 et seq.) and administered by the Pennsylvania Bureau of Workers’ Compensation within the Department of Labor & Industry. Most Pennsylvania employers are required to carry workers’ compensation insurance, which provides benefits to employees who suffer work-related injuries or occupational illnesses, regardless of fault.

What Damages Does Workers’ Compensation in Hazleton, PA Cover?

This compensation, available through the Office of Workers’ Compensation Programs, covers four main areas:

  • Wage replacement benefits
  • Medical treatment
  • Vocational rehabilitation
  • Other benefits

What Kind of Accidents and Injuries Does Workers’ Compensation Cover?

Most workers are likely aware that workers’ compensation covers injuries resulting from workplace accidents or other job-related incidents. For instance, if a warehouse worker is injured by a forklift or a piece of machinery, they are most likely eligible to receive workers’ compensation. However, some may not realize that workers’ comp also covers injuries not caused by a single accident, such as repetitive-motion injuries.

Workers’ comp also covers occupational illnesses that develop as a result of on-the-job exposure, such as asbestosis or black lung.

What are Repetitive Motion Injuries?

Repetitive motion injuries, also known as repetitive stress injuries and musculoskeletal disorders, are not caused by a single accident or incident. Instead, they are caused by the extensive repetition of a motion or set of motions, causing great damage to the individual’s muscles, tendons, nerves, and soft tissue. Employees who consistently lift heavy items, or who repeat the same motion for hours at a time, such as assembly line workers, are at great risk of sustaining this kind of injury.

Can I Pursue Workers’ Compensation if I Develop a Repetitive Motion Injury in Luzerne County, PA?

Yes, you can pursue workers’ compensation if you develop a repetitive motion injury in Luzerne County, PA. However, the unfortunate reality is that some employers and insurance companies may push back against workers’ compensation claims that revolve around repetitive stress injuries or occupational illnesses, especially in cases where they could argue that the injury or illness was obtained elsewhere. An experienced Hazleton workers’ compensation lawyer can fight for you and ensure that you are not short-changed or underserved by a problematic system.

Am I Eligible for Workers’ Compensation if I am Traveling or Working Remotely in Hazleton, PA?

You may be eligible for workers’ compensation if you are traveling or working remotely in Hazleton, PA. Pennsylvania has something called the “coming and going rule”, which essentially means that employees are not covered by workers’ compensation when commuting to or from work. However, this rule does have a caveat: it applies only to stationary employees, or employees who have a fixed place of commute that they go to and from on a daily basis.

If, however, you are a traveling employee (meaning you have no fixed place of employment and travel to various locations by necessity of your job), you are covered by workers’ comp during that travel.allentown workers comp attorney

Does Workers’ Compensation Cover Remote Workers in Pennsylvania?

Yes, workers’ compensation covers remote workers in Pennsylvania, although the process may be slightly more complicated. The burden is on the injured party to prove that the injury occurred as they were specifically acting in the employer’s interest. This means that if you were burned while cooking lunch at home, you may not be eligible, but if you were at home doing a task specifically related to your job and sustained an injury, you are most likely eligible for compensation.

How Much Workers’ Compensation Will I Get for My Lost Wages?

How much workers’ compensation you will get for your lost wages depends on how much you were earning at the time of your injury, as there is a limit to how much you can receive. Generally (though there are exceptions), most people will receive about ⅔ of their pre-injury salary each week. Under Pennsylvania law, as of calendar year 2026, this amount is capped at $1,394 per week, though it changes each year. Additionally, how long you can receive these benefits depends on the specifics and severity of your injury or illness.

What is the Difference Between Total Disability and Partial Disability?

The severity and extent of your injuries will impact how much workers’ compensation you are eligible to receive. The two overarching sectors are total disability and partial disability, and within that, there are differences depending on whether the disability is temporary or permanent.

Total disability means that the individual cannot perform any work whatsoever for the time being. An individual experiencing total disability (whether permanent or temporary) will receive, in most cases, two-thirds of their pre-injury salary each week, capped at $1,394 per week for 2026, subject to the annual statewide maximum benefit rate established under Pennsylvania law. It is theoretically possible for these benefits to continue for life, though it’s not common.

The injured party’s employer or insurer may ask them to be medically re-evaluated after 104 weeks to determine if their disability status is still the same. At this point, if the individual is deemed to be more than 50 percent disabled, they are considered totally disabled and will continue to receive the same benefits.

Partial disability is an impairment rating of less than 50%. In this case, the individual can continue to receive benefits for only an additional 500 weeks.

According to the Social Security Administration, partial disability benefits are paid “when the injured worker cannot return to regular work and is given a light-duty job at a lower wage, or is found not totally disabled.” In most cases, this is paid at a rate of 2/3 of the difference between the worker’s wages before and after their injury, and can be paid for a maximum of 500 weeks.

What Should I Do if I Think My Disability Status Has Been Misjudged?

If you think your disability status has been misjudged or you aren’t sure that you’re receiving all the benefits you may be entitled to under Pennsylvania law, contact a Hazleton workers’ compensation lawyer at Munley Law. Insurance companies sometimes knowingly mislabel a person’s disability status in order to avoid paying them any further.

We can work with you, your employer, the insurance company, and your medical providers to advocate for an accurate disability assessment and the benefits available under Pennsylvania law.

How Do I File for Workers’ Comp in Hazleton?

To file for workers’ comp in Hazleton, you should notify your employer as soon as possible after your injury, as you have 21 days to report it to receive benefits starting from the date of your injury.

Your employer must report qualifying workplace injuries to the Pennsylvania Bureau of Workers’ Compensation by filing a First Report of Injury in accordance with Pennsylvania reporting regulations (34 Pa. Code §§ 121.3–121.4). Thereafter, they must notify their insurer, who will examine the accident and injury and determine whether your claim is valid.

If the insurance company accepts your claim, you will receive a Notice of Compensation Payable and will begin to receive workers’ compensation benefits.

What Do I Do if My Hazleton Workers’ Comp Claim is Denied?

Contact a workers’ compensation lawyer at Munley Law if your Hazleton workers’ comp claim is denied. Under 77 P.S. § 602, you generally have three years from the date of your work injury to file a Claim Petition if your workers’ compensation claim is denied. This petition is then assigned to a judge, and a hearing is scheduled. Ultimately, the judge will circulate a decision, and if you and your attorney would like to appeal this decision as well, you have 20 days from the time of the judge’s decision to file an appeal with the Workers’ Compensation Appeal Board.

Contact Our Experienced Hazleton Workers’ Compensation Lawyers

All of this can sound overwhelming, but filing for workers’ compensation is highly possible with the help of a Hazleton workers’ compensation lawyer.

Since 1959, Munley Law has represented injured Pennsylvanians in workers’ compensation and personal injury matters. Our attorneys have secured significant victories for clients, including a $12 million verdict for a worker who lost a leg in a forklift accident.

Our attorneys have extensive experience handling workers’ compensation claims throughout Pennsylvania. In fact, the Pennsylvania Bar Association’s Section on Workers’ Compensation named Caroline Munley as a certified workers’ comp specialist, while Best Lawyers named J. Christopher Munley as Lawyer of the Year for Workers’ Compensation.

The National Trial Lawyers named Caroline among the Top 25 Women Trial Lawyers and all our partners among the Top 100 Trial Lawyers in Pennsylvania. Four of our attorneys are board-certified by the National Board of Trial Advocacy, and our lawyers and firm have been honored by the likes of Irish Legal 100, the American Board of Trial Advocates, the American Association for Justice, Lawdragon, Martindale-Hubbell, and Litigation Counsel of America.

We work on a contingency fee basis, so we don’t get paid unless we win your case. Contact us today for a free consultation.

< Personal injury attorney Caroline Munley

Caroline Munley

Caroline Munley is a certified workers’ compensation specialist. During her time fighting for the rights of workplace injury victims, she has recovered millions of dollars for injured workers, in addition to being named as among the Best Lawyers in America for Plaintiffs and Workers’ Compensation Law-Claimants for Northeastern Pennsylvania.

 

Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 26, 2026.

 

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