WHO IS COVERED BY WORKERS' COMPENSATION?

Workers' compensation applies to all employees with the exception of casual workers performing services not related to an employer's business or persons employed in a limited function. Workers who are "contract employees" or "independent contractors," that is, working by contract and for whom withholding is not done by the employer, may or may not be "employees;" for purposes of Workers Compensation. The test for whether a person is an "independent contractor" for tax purposes or for workers compensation purposes is not exactly the same. Domestic service workers are also excluded unless the employer has purchased workers' compensation insurance coverage. Corporate officers may elect to not be covered.

WHAT INJURIES ARE COVERED BY WORKERS' COMPENSATION?

All injuries that arise in the course of employment and are related to that work are covered regardless of the worker's previous physical condition. Some types of occupational diseases are also covered as well as aggravation of prior health difficulties resulting from an employee's exposure at the work place. If an employee is traveling as a function of his or her employment, injuries during these travels will often be covered.

The law applies to all injuries occurring to workers in Pennsylvania as well as occupational diseases resulting from exposure while working within the state. For claims arising from coal workers' pneumoconiosis, silicosis and asbestosis, the Act requires an aggregate employment of at least two years in Pennsylvania during the 10 years prior to disability under certain circumstances.

An employee's negligence normally will not preclude him/her from receiving compensation for the injury. However, compensation will not be paid for injury or death which was intentionally self-inflicted or the result of an employee's violation of the law. In general injuries caused to a worker by a third person are covered as long as they occur in the course of employment.

IS AN EMPLOYER REQUIRED TO PAY WORKERS' COMPENSATION?

Yes. It is required by law that all employers provide payment of workers' compensation except in certain situations set forth in the Workers' Compensation law. An employee cannot contract away his rights to compensation.

WHEN WILL I RECEIVE COMPENSATION?

Generally, compensation is paid beginning with the eighth day of the disability. Compensation will not be paid for the first seven days unless an employee's disability lasts longer than 14 days. The first payment of compensation must begin no later than the 21st day after the employer knew of the injury. If the employee has not received compensation within that time, contact should be made to the Bureau of Workers' Compensation.

If the employee does receive a Notice of Compensation Payable, a Temporary Notice of Compensation Payable, or is asked to enter into an Agreement for Compensation, the employee must make sure that the description of injury or disease and all of the statements in the Notice or Agreement are correct. Any corrections should be made through the Bureau of Workers' Compensation.

HOW LONG WILL THE BENEFITS CONTINUE?

Fully disability payments will continue as long as the employee is totally disabled. Partial disability may be paid if an injury does not result in complete loss of earnings, but it is generally paid for a period not exceeding 500 weeks, which is a little more than 9 _ years.

IF I RECEIVE WORKERS' COMPENSATION, CAN I STILL SUE MY EMPLOYER?

No. Because the law makes the employer responsible for a worker's injuries regardless of the employee's carelessness, the law also provides that employees do not have the right to recover from the employer in any legal action other than workers' compensation. However, if the employer fails to provide for workers' compensation payments as required by law, the employee can sue for damages. If a work injury is caused by a third party that party may be subject to civil suit.

HOW SHOULD I PROCEED IF I AM INJURED ON THE JOB?

If an employee is injured on the job or suspects that he or she has an occupation-related disease, they should:

• Report the injury or suspicion of disease immediately to the employer, its representative or the person in charge of the job. If the employee is unable to do so because of the injury, a union representative or another person may notify the employer on behalf of the employee.
• Report the injury to a union representative or call the Bureau of Workers' Compensation.
• Get medical treatment. If an injury requires medical attention, it should be treated immediately; employers are requires to post information about medical treatment for injured employees in the workplace. An injured worker seeking medical treatment should report to the treating physician the date and time that the injury occurred at work. Notes and records should be kept of related dates and keep copies of all medical bills. An injured employee may go to the physician of his or her choice unless the employer gives the employee a list of at least six health providers during the first 30 days after the injury. After that time the employee may go to the provider of his choice, but the provider must file periodic reports to your employer outlining the employee's progress.
• Act quickly. The law requires that an injured worker give notice to the employer of an injury within 21 days of the injury and no later than 120 days after the injury. This means that if the employee reports the injury to his or her employer within 21 days, the employee will receive compensation dating from the day of the injury. If the employee does not report the injury to the employer in 21 days, but within the 120 day limit, the employee will only receive compensation dating from the day that the injury was reported to the employer. In addition, the employee must bring a claim within three years of the date of injury. Failing to meet these time requirements may result in the denial of a claim for work-related injury or illness.

Once notified, an employer is required to issue a Notice of Workers' Compensation Denial with 21 days if compensation is not to be paid or, alternatively, a Temporary Notice of Compensation Payable may be used by your employer for not more than six weeks of compensation. If an employee is denied compensation, he or she should file a claim petition with the Bureau of Workers' Compensation in Harrisburg or at the nearest district Workers' Compensation office.

Injured workers should not do any of the following:

• Sign any incomplete papers.
• Sign any papers or statements unless they completely understand them.
• Sign any written statements about the injury or exposure to disease unless there is a witness, union representative, or an attorney present and the worker fully agrees with the written statements. The worker should always get a copy of any statements they sign.
• Sign any Supplemental Agreements unless they correctly represent the current status of the employee's disability. It may also help to have the Supplemental Agreement reviewed by a lawyer.
• Sign a Final Receipt of compensation unless the employee is fully recovered from his or her injuries.

WHAT SHOULD I DO IF I NEED ASSISTANCE?

Questions about workers' compensation may be answered by a union representative or the Bureau of Workers' Compensation. Consult the Blue pages of the local telephone directory for information on how to contact the Bureau. Consulting an attorney who is knowledgeable about worker's compensation issues is always advisable.