Workman’s comp PA refers to the laws and insurance system due to employees when they have suffered injury at work.
If you receive workman’s comp PA, you give up the right to sue for injury and suffering. In return, you get medical treatment which is paid for by your employer. However, this comes with certain limitations.
How Pennsylvania Defines “Injury at Work”
The PA Workers’ Compensation Act provides Section 301 (c) (1)’s definition of what constitutes justification to receive workers’ comp. If you have a medical condition, disease, injury, etc. that was caused by your job, you may be eligible.
Section 301 (c ) (1) says that pre-existing conditions and diseases worsened by a person’s work are also potentially eligible for benefits.
PA Workers Compensation Rights
Unfortunately, PA workmans comp law has limitations. Pennsylvania is an “at-will” state, meaning that employment occurs “at will.” You do not have protection as an employee from being fired because your employer can hire or fire you depending on the company’s needs. You thus are very limited in your ability to sue for things like wrongful termination. If you can prove discrimination, you may have a case, but this is difficult to evidence sufficiently to win against your employer.
Thomas More Holland, an experienced and aggressive workers compensation lawyer, who will fight for you. The good news is that you have these PA workers compensation rights as an employee working in Pennsylvania:
- If you work more than 40 hours a week, you have the right to be paid “overtime”—1.5 times your normal pay rate.
- Deductions can be taken out of your paycheck only for reasons allowed by law, including taxes, health insurance, and union dues. Broken equipment cannot be deducted from your paycheck.
- Unemployment PA: You have the right to unemployment compensation only if you have legal status.
- You are entitled to 12 weeks of family or medical leave, unpaid, if you need to take care of a child or other family member.
- To qualify for the 12 weeks leave, you must work in a business with at least 50 employers and you have to have worked for at least 12 months.
PA Workman’s Comp Law: Where to Go From Here
If you have been injured on the job, you must notify your employer immediately. The law provides that you have 21 days to do so. Then, your employer has 21 days to decide whether to deny or accept the claim. If you believe you have been wrongfully denied your rights to workmans comp PA, it’s time to talk to a lawyer. At TMH Law, can help you to get the appropriate workers comp PA rates by taking legal action against your employer. You do not need to suffer the costs when your injury occurred at work and is thus your employer’s responsibility to pay. To contact us, you can call TMH Law today at 215 543-6783.