Will I Be Paid if I Lose Time From Work?
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? The answer is, it depends. As a general rule, you must be required to miss at least one week to qualify for workers’ compensation. There are some exceptions, depending on whether you need work restrictions and whether the employer can (or will) accommodate you.
Here, our Delaware County workers’ comp lawyer explains 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 it does not matter whether the injury was caused by negligence of the employer, a co-worker – or even due to your own conduct. [Also, an injured worker does NOT get any additional benefits if someone was negligent. The issue of fault does not apply to any aspect of the system]. 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.
You Must Miss Seven Days (Calendar) to Qualify for Workers’ Comp Benefits
You can get your workers’ comp medical coverage right away. Any medical care for a job-related injury should be covered. 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 you qualify for retroactive benefits. What happens if you miss just one day because of a work injury? Your medical care is covered, but you may not qualify for any wage loss benefits.
Retroactive Benefits are Available for First Week After 14 Days of Missed Time
Pennsylvania’s workers’ compensation law includes provisions for retroactive benefits. If you miss more than fourteen calendar days due to your workplace injury, you may become eligible to receive retroactive compensation for the initial seven-day waiting period. In other words, if you need two weeks to recover (or more), you can seek workers’ compensation benefits for your lost wages for all of the days that you missed. To secure these retroactive benefits, you must demonstrate that your extended absence was directly related to your work injury.
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. With an office in Media, we fight for the rights and interests of injured workers throughout all of Delaware County.
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