The work environment may be full of potential slip-and-fall hazards, including slick flooring and cluttered or debris-filled walkways. The first potential course of action following a slip-and-fall accident at work is to file a claim for workers' compensation.

People routinely ask workers' compensation attorneys, "I slipped and fell while on the job. What should I do? First, it is important that you attend to your physical well-being. Obtain immediate or emergency medical care to address your injuries, regardless of whether you think you are fine and not seriously hurt. Keep track of everything that occurred, and inform your employer if your condition requires you to miss more than one shift. In the event that your employer declines your request for benefits, you might qualify to file a claim petition. The post-injury procedure might vary if you are an independent contractor or if a third party caused your injury. Based on your circumstances, an experienced PA workers' compensation attorney can assist you in determining the best course of action. 

In Pennsylvania, if you have been injured in a slip-and-fall accident at work, consulting with a workers' compensation attorney can be of great assistance in determining your next course of action. With decades of experience, Brandon J. Broderick, Attorney at Law, is prepared to assist you today.

In the following article, we provide guidance on how to obtain workers' compensation and protect your legal rights following a slip-and-fall accident at work in Pennsylvania.

Am I Eligible To File for Workers’ Compensation in Pennsylvania Following a Slip and Fall While on the Job?

In most cases, in the event of a workplace injury, employees are entitled to workers' compensation benefits, regardless of fault. Workers' compensation benefits provide coverage for medical expenses and lost wages incurred during the employee's period of inability to work or are limited to minor duties.

In the event that an employee sustains a work-related injury or illness, workers' compensation insurance provides coverage for their medical expenses and lost wages. Businesses with employees are mandated to carry workers' compensation insurance in Pennsylvania, as they are in virtually every other state.

The Pennsylvania Workers' Compensation Act mandates that all individuals and organizations with at least one employee in the state participate in the workers' compensation program. All employees, whether year-round, part-time, or temporary, are included. However, certain employees, including consultants and independent contractors, are not covered in certain circumstances.

Collecting workers' compensation payments can be a complicated procedure, however, following a slip-and-fall. Consultation with an experienced PA slip-and-fall attorney can help you avoid a great deal of trouble and worry.

What Does Workers’ Compensation Cover in Pennsylvania?

Workers' compensation insurance pays employees for medical expenses and wage replacement in the event of an employment-related illness, injury, or deterioration of a condition, regardless of the employee's prior medical or physical condition and typically without considering who is at fault.

Your employer or their insurance company is obligated to provide coverage for all medical expenses that are a direct consequence of an accident that occurs on the job.

Workers' Compensation in Pennsylvania will provide coverage for the following:

  • In the event of an injury-related absence from work, approximately two-thirds of one's average weekly wage is typically reimbursed. This amount, however, is subject to a cap.
  • Every medical expense related to the workplace injury that was sustained during the course of your employment
  • Employees who suffer complete or partial loss of use of a body part are eligible to receive specific loss benefits. The payment of disability benefits is determined by a schedule that specifies the number of months for which a worker who sustains a work-related injury will receive compensation for the income lost as a result.
  • In the event of a fatal workplace accident, relatives of the deceased will be entitled to death benefits.

How Much Does Pennsylvania Workers’ Compensation Pay, and How Long Do the Benefits Last?

Generally, employees who sustain injuries or illnesses on the job are eligible to receive two-thirds of their typical weekly pay. The Department of Labor and Industry has established, in accordance with Section 105.1 of the Workers' Compensation Act, that the average weekly wage for injuries occurring in the state on or after January 1, 2024, shall be $1,325.00.

In addition, you are eligible to have one hundred percent of your medical expenses compensated.

The severity of the injury, how long it takes you to recover, and the category you fall under may all have an impact on this.

You qualify for compensation in the event that you have a total disability. You shall continue to be eligible for benefits so long as you continue to require medical attention. In addition, you are eligible to receive salary differential benefits for up to 500 weeks in the event of a partial disability.

What Steps Should I Take After a Slip and Fall Accident While at Work?

Your attorney will be able to construct the most compelling case possible to ensure the success of your workers' compensation claim if you take the following actions immediately following a slip-and-fall accident that occurs on the job in Pennsylvania.

Receive Medical Care After Your Accident

Serious injuries, including fractures, brain trauma, spinal cord injuries, back injuries, and neck injuries, can result from falls. Immediate treatment should be initiated, and emergency medical services should be contacted after a slip and fall accident at the workplace.

Keep in mind that symptoms of even the most serious injuries may begin to appear gradually, allowing them to progress and become more difficult to manage. It is not uncommon for falls to lead to soft tissue injuries and serious head injuries, including whiplash.

Avoid the urge to return to work immediately following an injury. Prioritize your health by visiting a medical professional as soon as possible. Even if you do not initially perceive your injuries as severe, it is crucial to seek medical attention immediately, as this can provide invaluable support in the future.

Your employer or their insurance provider may require an Independent Medical Exam (IME) or medical authorization for treatment following the reporting of an accident and the filing of a workers' compensation claim. For example, the treatment you receive might require costly diagnostic procedures such as MRIs or CT scans. Medical attention from a specialist may be necessary. Your insurance provider (or employer) may then require authorization before you can receive medical care, leaving you responsible for paying the full cost.

Gather Evidence and Maintain Records of All Medical Documents

For a slip-and-fall workers' compensation claim to be valid, you must provide proof that your fall and related accident occurred on the job. Document any obstacles that could have contributed to the accident, including dimly lit walkways or stairwells, uneven or slick surfaces, or debris, if possible.

Bills, invoices, and medical records are examples of the documentation that should be kept in connection with your injuries. You should definitely photograph your injuries as you recover.

Do I Need To Report My Injury to My Employer Right Away After a Slip and Fall at Work?

Immediately notifying your supervisor or employer of your accident should be the first course of action if you have sustained an injury on the job after a slip and fall. Simply sharing with a colleague a fall experienced on the job is not enough to meet the reporting requirement. In accordance with Workers' Compensation Section 311, injury claims must be reported within a maximum of 120 days and no later than 21 days after the date of the accident and injury. It is wise to inform your manager or supervisor of your injury, even if you believe it to be minor or will heal on its own.

Employers and their insurance companies are more likely to contest your claim the longer you delay reporting an injury or illness. By noting the time lag, they may attempt to argue that you were not seriously injured or that the diagnosis was inaccurate.

A Workers’ Compensation Attorney at Brandon J. Broderick Can Help You With Your Pennsylvania Workers’ Compensation Claim Today

When dealing with serious injuries, it becomes especially essential to have the assistance of an experienced worker's compensation attorney in Pennsylvania who can provide guidance and counsel. An attorney will compile all the necessary information to increase your likelihood of success. In order to minimize payouts, insurance companies often postpone, deny, or incorrectly categorize an injury.

Submitting a claim for workers' compensation may appear uncomplicated; however, it does not always guarantee appropriate compensation. In Pennsylvania, the attorneys at Brandon J. Broderick, Attorney at Law, are devoted to assisting clients in workers' compensation disputes. We have decades of experience and the resources necessary to ensure a favorable outcome.

For a free consultation, please contact us today. We look forward to assisting you.

Posted by: Brandon J. Bro…
Date: Tue, 01/30/2024 - 16:32

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