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What Benefits are Available If I Cannot Go Back to the Work I Did Before Because of My Injury?

A workplace accident can put a serious strain on an injured employee and their family. Workers’ compensation insurance helps to provide some much-needed protection—including a path to getting benefits. At Schmidt, Kirifides, Rassias, & Rio, we fight for the rights of injured workers. In this article, our Delaware County workers’ comp attorney provides an overview of the benefits that are available if you cannot return to work as you did before after a workplace accident in Pennsylvania.

Know the Law: Pennsylvania Provides No-Fault Workers’ Comp Coverage to Employees

The Pennsylvania Department of Labor and Industry explains that workers’ comp “covers medical expenses and lost wages for workers who are unable to return to work due to a work-related injury or illness.” Notably, the Commonwealth’s workers’ compensation system operates on a no-fault basis. Injured employees can receive benefits regardless of who caused the workplace accident or illness. You are not required to prove negligence on the part of your employer.

An Overview of Benefits You Can Seek Through a Pennsylvania Workers’ Comp Claim

All Reasonable and Necessary Medical Care

To start, injured workers need to get immediate, comprehensive medical care. In Pennsylvania, workers’ comp provides full coverage for necessary medical treatments related to your work injury or illness. Along with other types of medical treatment, you can seek coverage for:

Note: There are no copayments or deductibles for approved treatments. In other words, injured workers should be able to focus on their recovery without worrying about out-of-pocket expenses. Out-of-pocket costs you may incur for treatment of your work injury may be recovered.

The Leading case on this issue is Schmidt v. Schmidt, Kirifides, Rassias, & Rio – so our lawyers have first hand knowledge of the issues and elements to be established to secure reimbursement of your out-of-pocket costs.

Wage Loss Benefits – Subject to Rate Table

If you are unable to work due to a job-related injury or illness, workers’ comp provides wage replacement benefits. The rate of benefits is based on a chart issued each year by the Department of Labor & Industry. Most wage earners fall in the bracket paying two-thirds of your average weekly wage. Though, there are minimum, maximum, fixed rates and other brackets paying different rates of benefits.

Vocational Rehabilitation

When an injury limits your ability to perform your previous job, vocational rehabilitation services can assist in transitioning to new employment. These services may offer job counseling, retraining programs, resume assistance, and job placement support. In Pennsylvania, however, an insurance company is not required to offer you actual rehabilitation in an effort to find a real job. The law allows an insurance company to use the services of these experts simply to identify the salary of jobs you might be able to perform, and then seek a reduction in your benefit rate based solely on such jobs existing somewhere. Be wary about an insurance company offering you this service. They are very likely not trying to help you, but only limit the amount they must pay.

Death Benefits

Unfortunately, workplace fatalities do happen in Pennsylvania. Our state offers no-fault workers’ comp death benefits to survivors. Eligible dependents may include a spouse, children, or other relatives who relied on the deceased worker for financial support.

Speak to Our Delaware County Work Injury Lawyer for a Free Case Review

At Schmidt, Kirifides, Rassias, & Rio, our Delaware County workers’ comp lawyers are standing by, ready to protect your rights and your interests. If you have any questions about the available benefits in your case, we are here as a resource. Contact our firm right away for a free, no-strings-attached case evaluation. From our law office in Media, we provide legal representation to injured workers in Delaware County and throughout the surrounding region in Southeastern Pennsylvania.