Workers' Compensation FAQs

The Workers’ Compensation Act is a safety law created in 1915 by the Pennsylvania legislature to provide primarily lost wage and medical benefits to those that were injured at work. The law is considered a “no-fault” one, so an injured worker does not have to prove that their employer caused their injury.  Rather, they only have to prove that they were hurt at work. 

Prior to June 20, 2017, this was true.  The Workers’ Compensation insurance carrier could send injured workers to an Impairment Rating Evaluation (IRE) in an attempt to limit the payment of future Workers’ Compensation lost wage benefits at 500 more weeks.  However, on June 20, 2017, the Pennsylvania Supreme Court issued a landmark decision in Protz v. WCAB (Derry Area School District) which invalidated all Impairment Rating Evaluations.   If an injured worker was put on the 500 week limit due to an Impairment Rating Evaluation (IRE), they may have regained significant rights under the Workers’ Compensation Act. 

If your Workers’ Compensation lost wage benefits were limited or stopped due to an Impairment Rating Evaluation (IRE), you should call Attorney Barbara J. Welton immediately to know your rights.

The Workers’ Compensation Act defines an “aggravation” of a pre-existing condition as a new injury. For example, if an injured worker had low back surgery for a herniated disc in 2000 and was off work for a year and then returned to work with having only limited treatment before re-injuring the same disc in 2014, then the Workers’ Compensation Act acknowledges the new symptoms as a new injury.

If you received a Notice of Workers’ Compensation Denial based on a pre-existing injury or prior treatment, contact Attorney Barbara J. Welton so you can take the necessary steps to obtain the benefits you deserve.

The Workers’ Compensation Act provides benefits for scarring/disfigurement only to the head, face, or neck. The scarring/disfigurement could occur directly due to the injury or from surgery or other medical treatment due to the work injury.

The value of disfigurement is very subjective and negotiating a settlement that involves scarring/disfigurement can be complex.  If you think that you are entitled to scarring/disfigurement benefits, call Barbara J. Welton for a free evaluation of your case.

Unfortunately, no. The Workers’ Compensation Act does NOT provide any payment for pain and suffering, inconvenience, or other non-monetary damages that happen when you’re hurt. That can be difficult for a lot of people to hear, since almost all work injuries lead to pain and suffering.

Absolutely. The Family Medical Leave Act (FMLA) can run concurrently with time off for a Workers’ Compensation injury. Failure to fill out the necessary FMLA documents can affect your ability to return to your job if you are able to work in the future.

It depends. If the medical treatment you receive is considered “locally available”, then you probably will not receive reimbursement for mileage. However, if you must travel out of town for a specialist that is not locally available, or if the Workers’ Compensation insurance company sends you out of town for treatment, then you can claim mileage reimbursement for your travel.  

You may be entitled to extra Workers’ Compensation benefits (in addition to wage loss and medical benefits) for an amputation. This is called “specific loss” benefits. The Workers’ Compensation Act specifically defines what is payable in an amputation case.  Often Workers’ Compensation insurance companies downplay the extent of the amputation in an attempt to pay less specific loss benefits.

There are occasions where the specific loss benefit is reduced by the amount of Workers’ Compensation lost wages paid and there are times where both specific loss and Workers’ Compensation lost wage benefits are both payable in their full amounts.  It depends on the extent of the injury and time lost from work.

If your work injury caused an amputation of a body part, call Attorney Barbara J. Welton to determine the benefits that you are entitled to under the Pennsylvania Workers’ Compensation Act.

You can collect both, but not both in their full amounts. If you receive unemployment compensation benefits, your Workers’ Compensation lost wage benefits will be reduced in an amount equal to the net unemployment compensation benefits paid.  Attorney Barbara J. Welton does not recommend claiming unemployment compensation benefits if receiving Workers’ Compensation lost wage benefits. 

Often Workers’ Compensation insurance company adjusters encourage injured workers to collect unemployment compensation benefits rather than take Workers’ Compensation lost wage benefits. This is not something any injured worker should do. Unemployment compensation benefits are taxed and generally only payable for six months. Workers’ Compensation lost wage benefits are not taxable and generally last LONGER than unemployment compensation benefits.

The law allows you to collect both Social Security Disability benefits and Workers’ Compensation lost wages. Unfortunately, you cannot collect both in the full amounts awarded. 

If you are receiving Workers’ Compensation lost wage benefits at the time you are awarded Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) benefits, your monthly Social Security Disability payment will be reduced based on the amount of your Workers’ Compensation payment. It is not a dollar-for-dollar reduction. Instead, the reduction is based on a calculation determined by the Social Security Administration. 

The Social Security Administration will calculate the reduction in your Social Security Disability Income (SSDI) benefits by adding the total amount of benefits paid to you and your children along with your monthly Workers’ Compensation payments. If the total exceeds 80 percent of your average current earnings (based on wages reported to the Social Security Administration through tax returns), then the amount over that 80 percent is taken out of your monthly Social Security Disability Income (SSDI) payment.

It is important to report the receipt of all wages and public benefits (including Workers’ Compensation and Department of Welfare) to the Social Security Administration to avoid an overpayment in Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) benefits.

If you are receiving Workers’ Compensation benefits and want to apply for Social Security Disability Benefits, call Attorney Barbara J. Welton for an evaluation of your disability case and how it can impact your Workers’ Compensation case.

The Workers’ Compensation Act requires that injured workers treat with a “panel provider” for a period of ninety (90) days. There are very specific requirements that a Workers’ Compensation insurance company must meet in order to require that an injured worker use the company doctor. Rarely do employers meet these requirements.

After the ninety (90) days has expired, injured workers are free to treat with whomever they want and the Workers’ Compensation insurance company is required to pay for the treatment so long as the medical treatment is reasonable, necessary, and related to the work injury.