Will I Be Paid if I Lose Time From Work?
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Were you hurt on the job in Delaware County or elsewhere in Pennsylvania? You may be wondering: Will I still get paid if I am forced to take time off from work to recover? Yes, if the injury keeps you out long enough. Your medical treatment is covered from day one, no matter how much work you miss. Wage-loss benefits start once you have been disabled for more than seven calendar days, and if you are out 14 days or more, you are paid for the first seven days too. Whether you receive wage-loss benefits can also depend on whether you need work restrictions and whether your employer can (or will) accommodate you.
Here, our Pennsylvania workers’ comp lawyers explain when and how you may qualify for benefits for losing time from work in Pennsylvania.
Pennsylvania Law: No-Fault Workers’ Comp Benefits for Injured Workers
Pennsylvania’s Workers’ compensation benefit system is designed to ensure that injured employees have access to the benefits that they need to get medical care and pay their bills. Coverage is no-fault. This means you do not have to prove that your employer or a co-worker was negligent, and a mistake on your part usually won’t cost you benefits. An injured worker also does not receive any additional benefits because someone was negligent. Fault matters only in narrow situations the law spells out, such as an injury that was intentionally self-inflicted or one that would not have happened but for the worker’s intoxication. The program is designed to protect employees and promote timely recovery while reducing litigation. Employers are required to carry workers’ compensation insurance or self-insure to cover claims. As an injured worker, you should report your injury to your employer right away. You should file a workers’ comp claim to seek benefits for:
- All reasonable and necessary medical expenses; and
- Wage replacement for time missed at work.
Wage-Loss Benefits Start After More Than Seven Days of Disability
You can get your workers’ comp medical coverage right away. Any reasonable and necessary medical care for a job-related injury should be covered, even if you never miss a day of work. However, there is a waiting period for wage replacement benefits. Here is how Pennsylvania’s regulators explain it: “You must be disabled more than seven calendar days (including weekends) before WC payments for disability are payable” (LIBC-100 WC). The waiting period applies to ensure that benefits are reserved for cases with substantial time lost from work. The first seven days are unpaid unless your disability lasts 14 days or more. What happens if you miss just one day because of a work injury? Your medical care is covered, but you will not receive wage-loss benefits for that day.
If You Are Out 14 Days or More, the First Week Is Paid Too
Pennsylvania’s workers’ compensation law includes provisions for retroactive benefits. If your disability lasts 14 days or more because of your workplace injury, you will also receive compensation for the initial seven-day waiting period. In other words, if you need two weeks to recover (or more), you can receive workers’ compensation benefits for your lost wages for all of the days that you missed. Your medical records should clearly connect the time off to your work injury.
What If You Can Work, but Not at Your Regular Job?
Many injured workers aren’t completely unable to work. They can do light duty, but not their regular job. If your employer offers work within your restrictions at your full pay, you generally won’t receive wage-loss benefits while you do that work. If the light-duty job pays less, or comes with fewer hours, partial disability benefits can make up two-thirds of the difference. If your employer can’t accommodate your restrictions at all, you are generally treated as out of work. Before you turn down a job offer, talk to your doctor and a lawyer, because refusing suitable work can affect your benefits.
When Will the First Check Arrive?
Once your employer has notice or knowledge that the work injury has kept you from working, its insurer generally has 21 days to start paying, begin temporary payments while it investigates or deny the claim. For how much you will be paid and what to expect while you recover, see our guide to getting paid workers’ comp during your recovery.
Schedule a Free Consultation With Our Pennsylvania Workers’ Compensation Lawyer
At Schmidt, Kirifides, Rassias, & Rio, our Delaware County workers’ comp attorneys are committed to protecting the rights of workers. If you were hurt on the job and you have questions about getting paid, we can help. Contact us today for a free, no-obligation consultation, call 610-892-9300 or text 610-255-7183. With an office in Media, we fight for the rights and interests of injured workers throughout all of Delaware County.