Jobs in manufacturing often mean long hours on your feet, at assembly lines, hunched over machinery and products, and dealing with a lot of moving parts. Accidents are quite common in these industries, potentially leaving you with serious injuries.
Any time you are injured because of work tasks or conditions, you could be eligible for a Workers’ Comp claim. This claim can pay for medical bills, lost earnings, and other damages. However, there are special rules to follow, and these cases are very different from a lawsuit.
Call the Certified Philadelphia Workers’ Compensation Lawyers at Cardamone Law for help with your claim today: (267) 651-7945.
What Qualifies for a Workers’ Comp Claim in Manufacturing?
Workers’ Comp was designed as an alternative to lawsuits. In a lawsuit, you would have to prove the defendant was at fault for your injuries, then the jury would decide the case and award you damages from the defendant. Workers’ Compensation is quite a bit different in its requirements:
Work-Relatedness
In Workers’ Comp, there is no fault question. Instead, any injury that is “work-related” can qualify for coverage.
This means that the injury needs to either be caused by
- Workplace conditions, such as slippery surfaces, stairs/catwalks without railings, or other dangerous environments (e.g., noise exposure) or
- Work tasks, such as lifting/carrying, getting caught in a machine, or being struck by forklifts or moving parts.
Fault
Fault is not considered. Employers are required to pay for your benefits, no matter who caused the injuries. That means they cover the accident, even if you were the one to cause your own injuries or someone outside the workplace caused the injuries (e.g., a delivery driver or supplier).
However, your claim can be denied if you caused your injury intentionally, through drug/alcohol use, or through illegal acts.
Disability
Injuries only qualify for wage-loss benefits from Workers’ Comp if they keep you from work for more than 7 days. Medical care should be paid regardless, but wage-loss benefits are a vital part of your Workers’ Comp claim.
Employee Coverage
Workers do not pay into Workers’ Comp or sign up; you are covered from your first day of employment. However, it only applies to employees, not independent contractors.
Most manufacturing workers are employees, but custodial/maintenance staff, delivery drivers, and other workers might be hired on a contract basis instead. They might also work for third-party companies, meaning they would file Workers’ Comp with that employer rather than the manufacturing employer.
How Do I File a Claim?
When you get injured at work, take the following steps to file your Workers’ Comp claim:
Report the Injury
You must notify your employer of your injury within 21 days. This ultimately allows you up to 120 days, but notice is expected within 21 days.
They then get some time to call their insurance carrier, report the accident, investigate, and decide claims. This usually gives them 21 days to accept or deny your claim, with some grounds for extensions.
Call a Lawyer
If you have not already done so, you should get our Pennsylvania Workers’ Comp lawyers on your side before progressing any further. We can help you investigate your claim, get the medical evidence you need, and file a good case so that you can potentially get your claim accepted.
Any further action on your claim without a lawyer can jeopardize your case.
File a Claim Petition
Next, we prepare and file a Claim Petition with the Workers’ Comp Office of Adjudication. This is filed after your denial but must be done within 3 years of your injury.
The Workers’ Comp Judge (WCJ) then accepts the petition, gives both sides time to submit evidence and for the defendant employer to request medical exams, then holds a hearing.
Attend Medical Exams
You must attend exams requested by your employer, such as an “independent medical exam” (IME). This gives your employer a chance to choose a doctor – who therefore is not truly independent – to examine your injuries and report on their cause and your disability.
Often, we need to contest this with medical exams from doctors we choose.
Continue Medical Care
You must keep up with medical care to get better, but it is also a legal requirement. The doctors providing care are usually separate from the ones making reports on your case, such as the IME doctor, but the doctors you use in the first 90 days of care may need to come from your employer’s approved physician list. The core exceptions are second opinions on surgery and specialists who are not on the list.
You need to keep up with your care, or else your claim could be denied.
Attend Hearings
You will also need to attend the hearings, where evidence is presented and the WCJ gets any additional information. This might involve multiple actual hearing dates.
Decision and Settlement
Cases can be settled at any time with the WCJ’s approval. If the WCJ gets all the way to a ruling and decides in your favor, you can also potentially discuss settlement instead of receiving the benefits you need over time.
FAQs for Workers’ Comp Claim in Manufacturing in Pennsylvania
How Long Do I Have to File?
You should report your injury to your employer within 21 days (120 at the latest). After denial, you get 3 years from the date of injury to file a Claim Petition.
What is Covered Under Workers’ Comp?
Workers’ Comp pays for all medical care, 2/3 of your lost wages (with limits and special rules for partial wages), and additional benefits for permanent injuries listed in the statute.
Who Pays Workers’ Comp Benefits?
The law puts the requirement to pay on your employers, but they must also get insurance. That means the insurance carrier is ultimately the one paying in most cases.
Who Decides Workers’ Comp Cases?
Your employer and their insurance carrier make the initial determination. If they deny your claim, then the WCJ decides the case after you file a Claim Petition.
Call Our Workers’ Comp Lawyers for Manufacturing Workers in Pennsylvania
For a free case evaluation, call Cardamone Law’s Pennsylvania Workers’ Compensation attorneys at (267) 651-7945.
