PA Workers’ Compensation Law – Information and Myths

Pennsylvania workers’ compensation law is an intricate subject. While it offers several perks for injured workers, there are also some confusions or myths surrounding the topics. There are so many myths about Pennsylvania Workers’ Compensation Law, it is hard to cover in an article. But we have covered a few PA work comp laws myths below. Check out!

Do I Get Full Pay After Getting Hurt At Work?

No! You generally receive 2/3 of your pre -injury average weekly wage. Some injured workers will get 90%- depending on their gross earnings. There is a statewide maximum weekly comp rate as well. Here is an article on earning power determination according to the Pennsylvania Workers’ Compensation Law. Make sure you know your earning potential before making a claim for workers’ comp benefits.

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Can I Get Pain and Suffering Damages After A Work Injury?

No! Not in the Workers’ Compensation forum. However, if you have a 3rd party case ( a suit against an entity other than your Employer for negligence), then you can potentially recover these damages in that suit. PA Work Comp law is a no fault system- the issue is loss of earning power. There are awards for disfigurement of the head, face, or neck, and amputation/loss of use (Specific Loss), but not for pain and suffering.

My Job Is Protected After A Work Injury, Right?

Not necessarily! Many people believe that just because they were injured at work, that the Employer must hold their position forever. This is not correct. If you get accepted for FMLA, you can have up to 12 weeks of job protection. But in many cases, according to the PA Workers’ Comp Laws, injured workers lose their job. If the Employer cannot accommodate the restrictions, a worker could be terminated. Or if there is an economic downtown. Or a termination can occur for misconduct, etc. There are some other issues with the ADA- but generally speaking, a work injury doesn’t mean you can’t be terminated. Now this doesn’t mean that the termination is lawful- sometimes, it’s discriminatory- ie, retaliation for pursuing Work Comp in Pennsylvania. But a Work Injury isn’t an automatic entitlement to job security. To understand the complete extent of PA Workers Compensation Law, consult with a work comp attorney and discuss your options.

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I’m Entitled To A Lump Sum Settlement After I’m Hurt At Work, Right?

No! It’s not an entitlement despite what many misleading TV commercials may say. It’s an agreement between an injured worker and the insurer/employer. While many cases end up in a lump sum agreement- called a Compromise & Release agreement, it’s not a guarantee. If you are on Work Comp, an insurer can decide to pay you weekly or bi-weekly- they are not required by Pennsylvania work comp laws to offer a lump sum.

Contact Cardamone Law!

For more information about workers’ compensation, or discuss Pennsylvania Work Comp Law in detail, call Cardamone Law, LLC– it’s all we do. (215) 206-9068