In order to recover Workers Compensation you must have sustained a work injury in the course and scope of your employment; you must have reported the injury to a supervisor; lastly you must have a medical provider stating that you cannot return to work because of the work injury.

There are two portions of a Workers Compensation claim. The first is the wage loss claim. If you qualify to receive Workers Compensation your employer or its insurance company will pay 2/3 of your wages until a medical providers state that you can go back to work. The other portion of Workers Compensation is the medical portion of your claim. That is the employer or its insurance company has to pay all reasonable, necessary medical expenses arising from your work injury.

In seeking medical treatment for your work-related injury, you must find out if your employer has posted a list of physicians or health care providers in your work place. If the employer has done this, then you are required to visit one of them for initial treatment. You are to continue treatment with that provider or another on the list for a period of 90 days following the injury. After the 90 days or in cases where there is no list of providers, you may treat with any provider you like. You are required to notify your employer of the provider you have selected.

If your Workers Compensation claim is denied, you are entitled to file a Claim Petition with the Pennsylvania Department of Labor and Industry. The Petition will be assigned to a Workers Compensation Judge who will conduct a hearing to receive testimony and medical evidence to substantiate your claim. Based on the information presented at the hearing, the Judge will make a determination regarding your eligibility to receive Workers Compensation benefits.
 
There are time limits for filing a claim. You must notify your employer of your injury/illness within 120 days of the injury/illness. If the claim is denied by your employer/insurer, then you have three years from the date of the injury to file a Claim Petition for a hearing and a determination by a worker's compensation Judge.

In occupational disease cases, the disability must occur within 300 weeks from the date of last employment in an occupation where you had exposure to a hazard, and a Claim Petition must be filed no later than three years from the date of the injury and disability.

If your benefits were terminated, you may file a Petition to Reinstate your benefits within three years after the date of your most recent worker's compensation check. If your benefits were suspended, you may file a Petition to have them resumed within 500 weeks from the date of suspension. Payment of medical benefits does not mean that your claim has been accepted or re-opened.

Workers Compensation is a complex area of the law. Remember, the claims adjuster handling the case is not your attorney. Their job is to reduce the employers or the insurance company's exposure and pay you the least amount of benefits as possible.

Remember, you will never have to pay money out of your own pocket; we will only be paying you the money you deserve for your injuries. If you are receiving Workers Compensation and would like to see about settling your case for a lump sum so that you can move on with your life you should immediately contact The Pisanchyn Law Firm and our team of attorneys and staff because there is no doubt that he can help you.

Further, if your employer has denied your benefits or has sent you a letter stating that they will be stopping/terminating your benefits, you must immediately contact The Pisanchyn Law Firm so that we can make sure that you get the money you deserve.