Pennsylvania Workers' Compensation Lawyers / PA Work Injury Attorneys: Accidents, Hazards, Benefits

Workers' Compensation Brochure

The Flow Of A Pennsylvania Workers’ Compensation Claim

Injury - Remember: It is important to tell your employer about your injury. Employers are required to post form LIBC-500 to inform employees of the name, address and phone number of their workers’ compensation insurance company, their third-party administrator or internal workers’ compensation contact person.

Notice of Injury - An employee injury is to be reported to the employer within 21 days. If not reported within 120 days from date of injury or having knowledge of a work-related disease, no compensation is allowed (except for cases involving progressive diseases).

Employer’s Report of Occupational Injury or Disease - Employers are required to immediately report all employee injuries to their insurer or, if self-insured, to report them to the person responsible for management of the employer’s worker’s compensation program. Employers are also required to file with the bureau a report of injury within 48 hours for every injury resulting in death, and after seven days but within 10 days after the date of injury for all other injuries which result in disability lasting more than a day, shift or turn of work.

Voluntary Payment - Within 21 days from the date the employee provides notification of an injury, the employer/carrier accepts liability for the injury and issues a Notice of Compensation Payable, a Notice of Temporary Compensation Payable, or an Agreement for Compensation.

Denial of Payment - Within 21 days from the date the employee provides notification of an injury, the employer/carrier denies liability and issues a Notice of Workers’ Compensation Denial to the employee.

Employee Files Claim Petition - Generally, the employee has three years from the date of injury to file a Claim Petition. The law also provides that injured workers may reopen their claim within three years from the last date an indemnity payment was made on a claim. Mere payment of medical benefits would not be the same as reopening the claim.

Case Assigned to WC Judge - Workers’ Compensation petitions are normally assigned to a workers’ compensation judge by the bureau according to the county in which the employee lives.

WC Hearing Scheduled - Once assigned, all parties involved in the case are notified in writing as to the date, time and place of hearing.

WC Hearing Held - A workers’ compensation judge hears evidence presented by both the defendant (employer/insurer) and the claimant at one or more hearings, which may be extended by the need to obtain medical evidence and hear other witnesses.

Decision Rendered - A written decision is circulated to involved parties after a case is closed (all evidence has been submitted and the judge has everything necessary to render a decision). No further action is taken.

Appeal Made to Workers’ Compensation Appeal Board - Either party has 20 days from the date the workers’ compensation judge’s decision is circulated to all parties to file an appeal with the Workers’ Compensation Appeal Board.

Appeal Made to Commonwealth Court - Either party has 30 days from the date of circulation of the Workers’ Compensation Appeal Board’s decision to file an appeal with the Commonwealth Court.

Appeal Made to Pennsylvania Supreme Court - Either party has 30 days from the date of circulation of the Commonwealth Court’s decision to file a Petition for Allowance of an Appeal with the Pennsylvania Supreme Court.

Fiscal Year 2004/05 Injury Statistics

In Pennsylvania, 92,719 work injury and illness cases were reported to the bureau during FY 2004/05. This year’s total was 5.4% lower than the 98,041 reported in FY 2003/04.
Pennsylvania’s Work Injuries and Illnesses Rate (the number of lost-time work injuries per 1,000 workers) was 16.1 in FY 2004/05. The 2003/04 FY rate was 17.3. Natural Resources and Mining had the highest injury and illness rate among the major industry divisions in FY 2004/05 at 40.2.
The divisions of industry with the highest percentage of accidents were Trade, Transportation and Utilities (20%), Education and Health Services (16%), and Manufacturing (14%).
Sprain and strain injuries (39,872) accounted for 43% of the total cases reported in FY 2004/05. Over 23% of the cases were cuts, lacerations and punctures (10.2%) and contusions, crushes and bruises (12.7%).
The most frequent types of accidents in Pennsylvania in FY 2004/05 were due to overexertion (31.7%), resulting in a sprain or strain in 79.1% of the overexertion cases. The second leading cause of injury resulted in a sprain or strain in 56.6% of the bodily exertion cases. Cuts, lacerations or punctures were the result in 29.9% of all “struck-by” accidents and 51.9% of all “struck-against” accidents.
Injuries to the upper extremities (arms, wrists, hands, fingers, shoulders) accounted for over 30.3% (29,660) of the total cases reported in FY 2004/05. Back injuries alone (17,780) represented over 18.1% of the cases. Injuries to legs and fingers represented 16.9% of the total.
Industry divisions with the highest number of work-related fatalities were Trade, Transportation and Utilities (29), Construction (25), and Manufacturing (16).
Almost half (40,135) of the 92,719 cases reported in FY 2004/05 came from eight of the commonwealth’s 67 counties. Those counties, which represent 48 percent of Pennsylvania’s workforce, were Philadelphia (11,949), Allegheny (7,498), Montgomery (4,284), Lancaster (4,231), Bucks (3,248), Delaware (3,098), Berks (3,187) and York (2,640).
Injuries by Body Part Affected:

Neck: 2,048 (2.1%)
Head: 6,674 (6.8%); Eyes: 2,603 (2.7%); Face: 675 (0.7%)
Upper Extremities: 29,660 (30.3%); Arms: 5,339 (5.4%); Wrists: 3,486 (3.6%); Hands: 4,854 (5.0%); Fingers: 6,256 (6.4%); Shoulder: 5,830 (5.9%)
Trunk: 23,164 (23.6%); Chest: 1,704 (1.7%); Back: 17,780 (18.1%);
Abdomen: 2,442 (2.5%)
Lower Extremities: 20,825 (21.2%); Leg: 10,322 (10.5%); Knee: 7,528 (7.7%); Ankle: 4,683 (4.8%); Foot: 3,340 (3.4%); Toes: 803 (0.8%); Hips: 927 (0.9%)
Multiple Parts: 9,435 (9.6%)
Body Systems: 665 (0.7%)
Not Stated: 248 (0.3%)

Source: Pennsylvania Bureau of Workers’ Compensation, Department of Labor and Industry

Scranton Office	Plains Office
The Forum Plaza 227 Penn Avenue Scranton, PA 18503 Phone: (570) 346-7401 Toll-Free: 1-800-318-LAW1 Fax: (570) 346-3452	Suite 310 Waterfront Professional Park Plaza II 672 North River Street Plains, PA 18705 Phone: (570) 824-5599 Toll-Free: 1-800-318-LAW1 Fax: (570) 824-2411

Hazleton Office	Stroudsburg Office
The Beltway Commons 136 Airport Road Hazleton, PA 18202 Toll-Free: 1-800-318-LAW1	39 North 7th Street Stroudsburg, PA 18360 Toll-Free: 1-800-318-LAW1

Carbondale Office	Hamlin Office
Pennstar Bank Building 41 North Main Street 4th Floor Carbondale, PA 18407 Toll-Free: 1-800-318-LAW1	Star Route 590 Hamlin, PA 18427 Toll-Free: 1-800-318-LAW1