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WORKERS'
COMPENSATION
TEN MOST FREQUENTLY ASKED QUESTIONS
Worker's compensation benefits are based on what is
determined to be the employee's average weekly wage. This includes their
normal work schedule, plus any overtime. The average weekly wage is
determined by a formula set forth in the Workers' Compensation Act. An
injured worker will receive two-thirds of his or her average weekly wage in
Workers' Compensation benefits. These benefits are tax-free.
Possibly. In some instances, an injured worker may
be eligible to receive Social Security Disability benefits. Eligibility
for Social Security Disability benefits is based on federal law. Also, these
benefits are usually reserved for long-term disabilities. If the disability is
short term (that is , less than 6 months), then Social Security Disability
benefits will not be an option.
Recently, I received some papers in the mail. What should I do with them? Should
I sign them?
Don't sign anything! Documents generated as a result of a Workers'
Compensation case should not be signed unless an attorney reviews them. It is
always recommended that the injured worker's attorney (if he or she has one)
advise the injured party.
Do I have to treat with a company doctor and if so, how long? Can
I treat with my own doctor?
Treatment with a panel doctor is required for the first 90
days only if an employer has done three things. First, they must have a list of
panel physicians posted. Second, they must provide a written list of rights and
duties regarding treatment for a work injury to the employee. Third, they must
ask the employee to sign a written acknowledgement that they have been provided
with the written list of rights and duties (often this is on the bottom of the
list of rights and duties). An injured worker can also treat with his or her own
doctor even if the employer has done all of the following. However, if they do
so (and their own doctor is not a panel doctor), the injured worker would be
responsible for payment.
Do I have to sign a medical authorization that allows PSU or PMA to get my
medical records and can they get records from 20 years ago?
If you expect PMA to pay benefits (including your medical
bills) then authorizations for the release of medical records have to be
executed. It is generally accepted that insurance carriers have the right to
obtain medical records. If an injured worker refuses to execute a medical
authorization, then it is likely that PMA will not pay for any medical treatment
until medical records are obtained. Typically we do not object to having a
client execute an authorization for the release of medical records even if the
records are 20 years old. Most of the time these records are irrelevant anyway.
I received a call from PSU offering me a light duty job. Do I have to take the
job? What if it is a non-union position? What if it pays less than my usual job?
The answer to this question is possibly. Whether an injured worker is
required to return to a light duty job depends on his or her limitations and/or
restrictions. This is always a medical issue. Oftentimes, PMA has a doctor with
a set of restrictions that conflict with the injured workers' doctor. Suffice it
to say, if all medical providers agree on the restrictions, and if the employer
is willing to provide a job to the injured worker within his or her
restrictions, then the injured worker should consider taking the position. If it
is a non-union position Penn State University has assured Teamsters Local 8 that
the member will retain all bargaining unit rights including the right to grieve.
If the position pays less than the claimant's average weekly wage, then the
claimant would be entitled to receive partial disability payment from PMA.
I received a call from PMA telling me that they have located a job for me at
McDonalds. Do I have to take this job?
Any jobs offered by PMA would have to be at Penn State University.
Does Penn State have to keep my job open for me? Can they replace me with
another person?
Yes. For up to 3 years for on the job injury. You can be replaced
by another person but this would only be for the time that you are off on
injury.
Does my health
insurance continue while I am off?
The contract provides for Penn State to pay the members medical insurance
premium for 24 months following injury-on-the-job provided the member is
receiving Workers' Compensation insurance payments. After the 24 months the
member has to pay but at the group rate.
I got hurt at work because of a defective (pipe, machine, piece of equipment,
etc.). Can I sue my employer for negligence?
No. Under Pennsylvania law (and in most other states), an injured worker
cannot sue his or her employer for negligence. Also, an injured worker cannot
recover damages for pain and suffering from an employer in a Workers'
Compensation case.
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