Workers' Compensation Brochure

Vocational Rehabilitation Services

Part of the “road to recovery” may involve visits by a vocational rehabilitation practitioner. Periodically, you may receive in home treatments from a nurse or therapist. The purpose of such visits are to make sure that you are recovering. Most rehabilitation services have the patient in mind when delivering treatment, but there are some service companies that work for the insurance company.

Be careful. Sometimes the treatment you receive may not be in your best interest.

Although the insurance company or employer may suggest otherwise, you have the right to refuse any vocational rehabilitation services.

Your recovery is between you and your doctor.

The law says that you must make a “good faith effort” to return to work. This means that if you can work under certain restrictions, you should do so. The vocational rehabilitation person will advise you on what jobs are available and the specific duties involved with the work.

But, usually, your employer may not want you back unless you can perform your old tasks. The insurance carrier, through the vocational rehabilitation person, will work to find jobs that fit your limitations. As stated before, the law requires that you make a “good faith effort” to find employment.

Always, before accepting a job, check with your physician. When you apply for work, keep a record of each job that you apply for, the dates that you apply, the name of the person who interviewed you, the particulars of the job and the outcome of your interview or application. You may need this information as proof that you did make a good faith effort to obtain employment.

If you have any questions, contact a lawyer or your union representative.

Blank Forms

Avoid signing them. Address any questions to a lawyer or your union representative. Obtain copies of any documents you do sign.

The No Discrimination Rule

No one can penalize you for filing a workers’ compensation claim if you have a work related injury, illness or disease.

Retirement

At some point, depending upon your age and physical condition, an employer may ask you to retire if you are receiving workers’ compensation. Retirement benefits should not affect the amount you receive under workers’ compensation. Sometimes, however, there are instances where an unsuspecting worker gets his or her benefits reduced upon retirement.

Know the details of your pension agreement so that you don’t lose all that is coming to you.

Before entering into retirement, and signing a pension agreement, there are some things to check. Make sure the agreement does not affect workers’ compensation benefits (and vice-versa). Also, make sure that by signing a pension agreement you are not reducing your pension benefits only for the disability pension or only for retirement pension. For example, there may be a pension set-off against workers’ compensation if you are to receive a disability pension and no pension set-off against workers’ compensation if you are to receive a retirement pension. Therefore, you should consider delaying acceptance of the pension until you could qualify for workers’ compensation.

Efforts to stop or reduce workers’ compensation benefits do not end once you have retired. Those with partial disabilities should take particular caution. Your employer can halt benefits if he or she can prove that, while partially disabled, you have voluntarily retired and withdrawn yourself from the work force.

If at the time you retire, you are available for light-duty work or part-time work, benefits cannot be stopped or reduced unless the company can show that there is light-duty or part-time work available for you. Some retirees have lost benefits by telling their employer (in the heat of the moment so to speak) that they were, “never going to work again.” That “take this job and shove it” approach can cost you benefits.

If you intend to never work again, do not expect a benefits check in the mail.

If you developed a disability, whether it is an illness or disease, you may be eligible for workers’ compensation benefits. Typically, it takes months or years for a chemical compound or material you used to trigger health problems. If you suspect that your job caused your wheezing, coughing, hearing loss, fatigue, shortness of breath or other physical ailment, tell your employer. If you suspect that your job made worse your physical problem, tell your employer either in writing or in person. After you “give notice,” contact a lawyer.

If possible, before you make a retirement decision, contact a lawyer.

Social Security

If a total disability stops you from working for at least six months and your recovery will last at least one year from the date you became disabled, the law entitles you to Social Security Disability Benefits. Apply for these benefits at the Social Security office nearest you.

Receiving Unemployment Compensation Benefits And Workers’ Compensation Benefits At The Same Time

It is possible to receive both benefits, depending upon the situation.

If you are receiving unemployment compensation benefits and seek to obtain workers’ compensation benefits, the unemployment compensation benefits will be credited against any award of workers’ compensation benefits you may receive, unless your award of workers’ compensation benefits is for a specific loss or received in a fatal claim case.

If you are already collecting workers’ compensation benefits, you may not collect unemployment compensation benefits even if you suffer a specific loss or are filing a fatal claim petition.

Third Party Actions

A third party lawsuit can occur if someone (or something) other than your employer is wholly or partly responsible for your work-related injury, illness or disease.

Machinery that has a design flaw or lacks a safety feature often contributes to on-the-job injury and is the subject of “product liability lawsuits.”

Getting compensation through a third party such as an equipment manufacturer is rare, but it does happen.

The law says that you can sue an equipment manufacturer for injuries caused by a product malfunction or a design flaw. The law also gives you the right to sue if you can prove that the manufacturer failed to provide adequate instructions for using the equipment.

It is in your best interest to contact a lawyer if a defective product causes an injury. He or she can hire experts who can determine whether or not a complex piece of machinery contained a design flaw or lacked safety features.

Equipment lacking safety equipment can lead to a manufacturer being sued. The National Safety Council estimates that unsafe equipment causes 10 to 15 percent of all industrial injuries.

In a product liability lawsuit, your attorney must prove that the manufacturer failed in its duty to design a safe product.

Equipment lacking detailed information about the dangers of equipment use can lead to a third party lawsuit of the manufacturer. In a recent case, a worker sued (and won) because the manufacturer failed to warn of the dangers that can happen if an operator did not tighten a wheel nut with a specific torque requirement. Although directions were supplied on how to use the product, the directions said nothing about what could happen if certain directions were not followed.

A Final Issue To Consider:

Work Safety And Health

Preventing injuries and illness or monitoring health or safety conditions at the workplace are ongoing concerns.

If you work at a union shop, you can obtain additional health and safety information from the International Chapter of your local union. International unions usually have health and safety departments or committees to answer member’s questions.

Another outlet is the federal Occupational Safety and Health Administration, or OSHA. Ensuring and regulating a safe work environment is this agency’s responsibility.

There are six OSHA offices in the Commonwealth of Pennsylvania:

Philadelphia 215-597-4955
Allentown 610-776-0592
Wilkes Barre 570-826-6538
Harrisburg 717-782-3902
Pittsburgh 412-395-4903
Erie 814-461-1492


A third outlet is the National Institute for Occupational Safety and Health, an agency that conducts research on hazardous conditions and workplace exposures to toxic chemicals.

They can be reached at 1-800-356-4674.

Access to chemical information, other than your employer or the chemical company, is through the Pennsylvania Department of Labor and Industry. Under the state Right to Know Law, state Department of Labor and Industry has access to information about hazardous chemicals used in the workplace, plus the Material Safety Data Sheets, or MSDS, for each chemical.

You can obtain this information by completing a form and submitting it to the Chemical Right to Know Office at the Department of Labor and Industry. Written requests for records may be sent via fax to 717-783-0240.

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