Questions about Pittsburgh workers’ compensation often arise after a workplace injury disrupts your health, income, and peace of mind. Munley Law’s Pittsburgh workers’ compensation lawyers are here to answer all your queries and to help injured workers understand their rights and take the next steps.
Munley Law was founded in 1959, bringing nearly seven decades of experience advocating for injured workers and their families. We are known for our nationally recognized trial lawyers and have earned a reputation for results in complex workers’ compensation and personal injury cases.
If you don’t find the answer to your question here, contact us for a free consultation today.
Contact a Workers’ Compensation Attorney at Munley Law
Call Us At 844-686-5397 What Are the Largest Industries in Pittsburgh?
Strategically located at the intersection of the Monongahela, Ohio, and Allegheny Rivers, Pittsburgh has been an American center of industry for more than a hundred years. With bountiful natural resources, a geographic location along major US trade routes, and a talented and hard-working citizenry, Pittsburgh is still an industrial powerhouse.
Pittsburgh’s economy is unusually diversified. We enjoy world-class schools and higher education, banking, tourism, and tech.
Did you know that Pittsburgh…
- Was once chosen to serve as “an example of a 21st century economy” for the G-20 summit (an international meeting of world leaders set to discuss financial markets and industry)
- Once boasting dozens of steel mills, Pittsburgh is still home to major US steel companies such as Allegheny Technologies, Ampco Pittsburgh, and US Steel, all within its metropolitan area
- Has been cited on the list of “best cities for job growth” by Forbes magazine
- Has repeatedly ranked in one of the top five “most livable cities” in America
Whether you work for a tech giant such as Google or Amazon with operations in Pittsburgh or in one of the city’s other various and diverse industries, if you have been hurt at work, you need to know that you have rights.
What is Workers’ Compensation?
Workers compensation coverage, also called workers comp or workmans comp, is an insurance for employees created by the Pennsylvania Workers Compensation Act. This insurance is a safety net for workers who become injured or sick as a result of job-related duties. Workers’ compensation benefits exist to pay for medical expenses and lost wages when you suffer a work-related injury, become ill, or aggravate an existing condition while on the job.
All PA employers are obligated by the Commonwealth to carry workers’ compensation insurance for their employees.
Most employees are covered by workers’ compensation regardless of their status as part-time or full-time, and regardless of who was at fault for the accident. Employees who were intoxicated or breaking the law during their injury may not be eligible to claim benefits.
Are All Pittsburgh Employees Covered Under Pennsylvania Workers’ Compensation Laws?
The PA Workers’ Compensation Act applies to almost every employee in Pittsburgh. All full-time, part-time, temp workers, and seasonal employees are included.
Almost all companies, regardless of size, are obliged to obtain workers’ compensation insurance, with some exceptions. For instance, independent contractors and volunteers might not be regarded as employees and so might not be protected.
To find out more about your legal rights as an employee, get in touch with a workers’ compensation lawyer at our Pittsburgh Law offices by phone or by filling out the form for a free case evaluation.
How Do I File a Workers’ Compensation Claim in Pittsburgh?
Your Pittsburgh workers’ compensation lawyer at Munley Law can help you file your claim to receive workers’ compensation benefits. There are many steps and deadlines that need to be met for your claim to be successful, and an experienced attorney can assure you of receiving your maximum allowed benefits. We know workers’ compensation law, and we have nearly 70 years of experience fighting for injured workers’ rights.
But the first step starts with you. Notify your employer immediately of your injury as soon as possible after it occurs. If you are suffering from an injury due to long-term stress or occupational disease from workplace conditions, notify your employer as soon as you have a diagnosis from a licensed medical provider.
What Benefits Does Workers’ Compensation Cover Beyond Medical Bills?
The Pennsylvania Workers Compensation Act mandates these three primary coverages:
Medical Coverage
Medical coverage includes any medical costs relating to your injury. These claims are not limited to a specific dollar amount and should cover all co-pays and deductibles. Medical coverage includes doctor visits, medical tests, emergency room visits, medication, and even appliances and medical equipment (such as wheelchairs and braces), and ongoing physical therapy and other necessary medical treatment.
Lost Wages
If you are unable to work after an accident, you will receive a percentage of your wages, known as disability benefits. There are temporary benefits as well as permanent ones, depending on how long your injury or occupational disease prevents you from working.
“Specific Loss” Payments
If your work injury resulted in permanent scarring or disfigurement, the loss of a limb, or impaired use of a body part, you may be eligible for “specific loss” payments.
Unlike regular workers’ compensation, you do not need to miss work for “specific loss” compensation. You may collect specific loss payments even if your injury does not stop you from working.
You simply must be able to show that your injury happened in the course of your job duties. You must also notify your employer of the injury within 120 days of its occurrence, and submit a workers’ compensation claim within three years of the date the injury was sustained.
However, the earlier you act, the better.
Do I Have to Be Injured at Work to Qualify for Workers’ Compensation?
You are covered by workers’ compensation if you have suffered an on-the-job injury while physically on your employer’s property and performing the regular daily duties of your job. This is a straightforward workers’ compensation situation. A question we get a lot, though, is “What happens when I am injured while doing my daily work duties off of immediate work premises?”
This is where our state-mandated insurance program guidelines come in. The PA Workers Compensation Act in Section 301 (c)(1), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(1), provides, in pertinent part, “…shall include all other injuries sustained while the employee is actually engaged in the furtherance of the business or affairs of the employer, whether upon the employer’s premises or elsewhere, and shall include all injuries caused by the condition of the premises or by the operation of the employer’s business or affairs thereon, sustained by the employee, who, though not so engaged, is injured upon the premises occupied by or under the control of the employer, or upon which the employer’s business or affairs are being carried on, the employee’s presence thereon being required by the nature of his employment.”
Further, that in “construing the term ‘premises’ in section 301(c)(1) of the Act, this Court has stated that ‘the determinative question is not whether the employer had title to or control over the site of the accident[.]’ ICT Group v. Workers’ Compensation Appeal Board (Churchray-Woytunick), 995 A.2d 927, 931 (Pa. Cmwlth. 2010). ‘[T]he ‘premises of the employer’ are neither defined as nor limited to the employer’s actual property…”
In short, your workers’ compensation attorney will ask, “Were you engaged in the ‘furtherance of the business or affairs of the employer’ at the time the injury occurred?” If you were on duty and injured while conducting business-mandated duties, you have the right as an injured worker to collect workers’ comp benefits.
What is an Independent Medical Examination (IME), and How Does It Affect My Claim?
An independent medical examination or IME is intended to provide your employer’s workers’ compensation insurance company with information about your injury and ability to return to work. The IME is performed by a doctor who is selected and paid for by your employer’s insurer.
Your employer may request an IME if they have doubts about your personal doctor’s diagnosis and they wish to get a second opinion. An IME can also be ordered to resolve disputes about your condition.
The results of an independent medical exam can have serious implications for your claim. This is why it is extremely important to have a Pittsburgh workers’ comp attorney on your side to inform you of your rights and prepare you before the exam.
Can I Choose My Own Doctor for a Workers’ Compensation Injury?
In Pennsylvania, your employer may require you to see an approved healthcare provider for the first 90 days. After that period, you can typically choose your own doctor. It is important to follow these rules carefully, as failing to do so could affect your benefits. Always document your treatment and follow medical advice closely.
Do Most Pittsburgh Workers’ Compensation Cases End in Settlement?
The vast majority of workers’ compensation cases do end in a settlement; there are instances in which both parties must pursue the claim in the court system.
Usually, the insurance company or employer can reach an agreement/settlement with the injured employee that works best for both parties.
If the parties cannot agree on a settlement, a workers’ compensation case can be sent to a judge for a ruling.
Why Are Workers’ Compensation Claims Denied in Pennsylvania?
Employers and insurance companies want to save money, and they will often use any excuse to deny your initial claim, hoping you will just “drop it”, confused by the law and frustrated with the obstacle they are putting in your way.
With decades of workers’ comp law experience, we have seen many excuses.
- The worker was high or drunk while at work. This excuse can be used even if the employer has no proof that you were drinking or under the influence on the day of the injury.
- The employee’s injury was minor or not as bad as they reported. Your employer or their insurer might agree that you were injured, but that the injury or disease is “minor” and does not require medical treatment, and you did not need to miss work.
- The employee failed to report the injury in the legally required time. You have 21 days to report your injury to your employer. And you have only three years to file your workers’ compensation claim. Do not hesitate to immediately alert your employer, preferably with written notification, of your injury as soon as you can.
- The injury or disease exists, but it is not job-related. This excuse is most common in relation to stress-related injuries such as repetitive stress injuries.
- The employee didn’t go to a doctor or ER, or didn’t go right away. If you have been injured on the job, see your doctor or the company doctor immediately. You want to immediately establish a record of your injury.
Can I Be Fired for Filing a Workers’ Compensation Claim?
It is illegal for an employer to retaliate against you for filing a legitimate workers’ compensation claim. However, employers may attempt to justify termination under other reasons. If you suspect retaliation, you may have grounds for additional legal action. Protecting your rights early is critical.
What Happens If I Cannot Return to My Previous Job?
If you cannot return to your previous position, you may be eligible for vocational rehabilitation or modified work. In some cases, you may receive ongoing disability benefits. Your employer or insurer may attempt to prove you can perform other work. Legal guidance can help protect your entitlement.
What Is a Third-Party Claim in a Workplace Injury Case?
A third-party claim arises when someone other than your employer is responsible for your injury. This could include contractors, manufacturers, or property owners. Unlike workers’ compensation, these claims can include compensation for pain and suffering. Pursuing both claims may significantly increase your recovery.
How Long Do Workers’ Compensation Benefits Last in Pittsburgh?
The duration of benefits depends on the severity of your injury. Temporary benefits continue until you can return to work, while permanent disability benefits may last much longer. Some injuries qualify for lifetime medical care. Each case is unique and requires careful evaluation.
Contact Munley Law’s Pittsburgh Workers’ Comp Lawyers
Munley Law’s workers’ compensation lawyers are widely recognized for their leadership and results in Pennsylvania injury law. Our attorneys have earned membership in respected organizations, including the American Association for Justice and the Summit Council, reflecting a deep commitment to protecting injured workers’ rights. Partner Caroline Munley is also a Pennsylvania Bar Association-certified workers’ compensation specialist.
Our PA workers’ compensation law firm understands that the aftermath of a work-related accident can be a difficult time in your life. We are here to help. Contact us now for a free case evaluation for your workers’ compensation case. A member of our work accident injury team will get back to you right away. Se habla Espanol.
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.
