If you sustain an injury while working or develop a work-related illness, the workers’ compensation program could you pay for medical care and provide partial wages while you take time off work. However, navigating the workers’ comp system can be complicated. Workers unfamiliar with this system may not know if they are covered and when they can claim benefits.
If you encounter problems accessing your benefits, seek help from a local attorney with experience representing injured workers. A legal professional at Gross & Kenny, LLP could review your case and provide more information about workers’ compensation claim eligibility in Scranton.
The law requires all companies with at least one employee to provide workers’ compensation coverage. Workers’ compensation differs from other employment benefits because it applies to full-time, part-time, and seasonal workers. Workers do not need to work a minimum number of hours or complete a probationary period before their benefits become active.
Independent contractors are not eligible for workers’ compensation. Some employers may hire people as independent contractors and treat them like employees by closely managing their tasks, providing equipment for their jobs, and making them an integral part of their workforce. When workers in this position get injured on the job, they should consult a Scranton attorney to determine their eligibility for a workers’ compensation claim. It might be possible to challenge their status as independent contractors and get access to employee benefits.
Workers’ compensation covers injuries and other health conditions that arise in the scope of a worker’s employment. This coverage is more expansive than many workers believe. Any injury received while working is likely a work-related injury, regardless of whether it happened while the worker was performing their duties. For example, if someone slips on a wet floor in the cafeteria during their break and sprains their elbow, workers’ compensation may still cover the injury.
The program also covers chronic health issues that develop because of conditions in the workplace, such as hearing loss from a noisy environment or back problems due to frequent lifting. Anyone with questions about whether their injuries are eligible for coverage through a workers’ compensation claim should consult a legal professional in Scranton.
While workers’ compensation theoretically covers most health problems that arise in the workplace, employers are not always responsible for workplace accidents. If a Scranton worker’s injury was inflicted intentionally or the worker was intoxicated by alcohol or drugs when the injury occurred, they are not eligible to file a workers’ compensation claim.
Sometimes workers’ compensation programs deny a claim because it is not timely. State law, according to 77 Pennsylvania Statute § 631, gives workers 120 days from the date of their injury or onset of illness to file a claim. Missing this deadline relieves an employer of liability for providing workers’ comp benefits. Workers can avoid this outcome by reporting any injury or illness to their employer and seeking medical care as soon as possible.
People may suffer an injury or illness that workers’ compensation should cover, meet all filing deadlines, and still face a claim denial. A company might dispute whether the condition is work-related or believe the injury is not as serious as the worker claims. Workers who are denied access to benefits should consult a proactive lawyer to discuss potential next steps, which may involve filing an appeal.
While the workers’ compensation program provides valuable benefits to employees, you may have questions about how to access them. If your employer is not being helpful, seek the guidance of a legal professional.
A local attorney could assist anyone with questions about workers’ compensation claim eligibility in Scranton. Call Gross & Kenny, LLP today to discuss how to assert your right to workers’ comp benefits.
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