Workers’ compensation claims are often complex, and most people do not have the legal background necessary to fully understand the ins and outs of the complicated Pennsylvania law. For this reason, many people hurt at work have questions about filing a claim, navigating the claims process, and ensuring they get the benefits they deserve. Here, we answer four of the most common workers’ compensation questions we receive.
If you have other questions or wonder how the specifics of your case may affect your compensation, we will be happy to discuss your claim with you. Call Cordisco & Saile LLC today at 215-642-2335.
1) Can my boss fire me over a workplace injury claim?
Many workplace injury victims worry they will lose their job if they file a workers’ compensation claim. However, laws prevent you from losing your job in retaliation for filing this type of claim. Your employer can terminate you while you are on leave, but they must prove that it is not related to your benefits claim.
Since it is illegal for your employer to fire you because you filed for workers’ compensation benefits, it may do more harm than good if you attempt to use your health insurance and sick days to avoid filing a claim.
2) Do I have to see the doctor the insurance company or my employer recommends?
If you will need to file a workers’ compensation claim, you must see a doctor approved by your employer for at least the first 90 days after the injury. Your employer should supply a list of company-approved doctors and care facilities, often posted in the break room, near the time clock or in another employee-only area. You can choose any doctor or facility on this list.
After the first 90 days — or if your employer fails to provide you with a list — you can choose your own physician to continue your treatment. It is important to note, however, that many insurance companies ask for additional documentation of your treatment if you opt to see a care provider not on the list.
3) Does my employer have to provide workers’ compensation coverage?
In most cases, Pennsylvania employers must provide workers’ compensation coverage for their employees from the day they begin work. Employers in certain exempt industries must follow different laws, and provide their employees with different insurance policies that offer similar coverage. These exceptions include:
- Federal civilian employees
- Railroad workers
- Shipyard workers
- Harbor workers
Other employees who may not receive workers’ compensation coverage can often get the benefits they need through the Uninsured Employers’ Guaranty Fund. This may include:
- Volunteer employees
- Some agricultural employees
- Casual employees
- Those granted religious exemption
4) How do I know if I have workers’ compensation coverage?
Pennsylvania law requires employers in most industries to provide workers’ compensation for their employees. This is true even for small businesses. This means that you most likely have workers’ compensation coverage, even if you work only seasonally or work for a non-profit organization.
If you do not know whether your company provides workers’ compensation coverage, your best bet is to ask your supervisor or a human resources representative at work. You may have other options for coverage even if the law does not require your employer to provide benefits.
Get Help With Your Claim in Pennsylvania
The attorneys at Cordisco & Saile LLC can help you file a workers’ compensation claim, fight a denial of benefits, and represent you throughout the entire process.
Call our Bucks County office today at 215-642-2335 to schedule a free case evaluation.