Workman’s Compensation Laws Protect the Worker and Employer

in Personal Injury,Workman's Compensation

By Sara Fabre

Workman’s compensation laws vary from state to state, with each state determining how it is administered within its own borders. All states have workman’s compensation laws, but the laws are slightly different in each state, reflecting the individual needs of employers and employees in that particular state. In Pennsylvania, workers compensation is administered by the employer, who is required to purchase insurance. When you have been injured on the job, your attorneys will help you determine if your injury qualifies you for workmans compensation. The laws are designed to protect not only the injured worker, but also the employer. In some cases in Pennsylvania, workers compensation will not be award for drug or alcohol related injuries.

Pennsylvania workmans compensation insurance fraud is a crime, and attorneys must be sure that all their clients honestly and accurately complete all the required forms. Both the attorneys and you the client can be liable if the state determines there is potential fraud against the insurance companies. Working closely with attorneys will ensure honesty and avoid any legal issues surrounding claim.

Once your attorney has determined you have a claim for workers compensation under the law, you must act quickly to ensure your claim is filed within the established time limits. In Pennsylvania, you must notify your employer of any claims within 120 days of the initial injury, or the claim will not be accepted. Consulting a workers compensation attorney immediately after your injury will help move the process forward quickly and help you meet your deadlines. Should your employer’s insurance deny your initial request for workers compensation benefits, you have three years to file a Claim Petition for your benefits. In this document, you petition the State to intervene on your behalf with your employer’s insurance company and assist you in obtaining any benefits to which you may be entitled. Your workers compensation attorney should be familiar with the procedures and regulations established by the state laws, and will help you work within the government channels.

In some cases injury or illness due to employment may occur after your employment has ended. Such illness directly related to employment is determined to be “occupational disease” according to state law. In order to qualify for workmans compensation based on occupational disease, the disease must be prevalent within 300 days from the final date of employment. Keeping accurate medical records will provide solid evidence for your workers compensation attorneys to use while they evaluate your case. After your attorneys have determined that your situation qualifies you for workers compensation, they will begin working to secure your claim and ensure you receive the benefits necessary for recovery.

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