Warehouses are cropping up all over Pennsylvania, especially with the increased presence of Amazon and other delivery companies. These warehouses employ thousands of workers and lead to increases in other business in the state. But often, the workers are the ones left behind with warehouse expansion.
If you get hurt at work at a warehouse in Pennsylvania, you are usually entitled to file a Workers’ Comp claim. Filing your claim begins with notice to your employer. If they reject your initial claim, then we can take it to a Claim Petition and file with the state to continue your case.
For a free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
How to Start Your Workers’ Comp Claim with a Warehouse
When you get hurt at work, you should get immediate medical care and then report your injury to your employer. Reporting might require telling a certain department or supervisor, and it has required deadlines.
Deadline to Report Work-Related Injuries
You have 21 days from your accident to report the injuries to your employer. If you wait too long, you may still be able to make a claim, but it is complex. The outside final deadline to give notice is 120 days from the injury.
What Reporting Does
Reporting starts your claims process. Technically, your employer is the one with the Workers’ Comp insurance policy, not you. When you get hurt, you tell your employer, and they file a claim with their insurance carrier.
If the carrier or the employer does not want to pay the claim and has a good reason to deny you, they must typically do so within 21 days.
How to Report
You report your injury by providing notice to the correct people at work. This might be your HR department, your direct supervisor, or even a third-party claims administrator, if your company uses one. There should be signs posted at work saying who to report the injuries to, but our Pennsylvania Workers’ Comp lawyers can help you make your report to the correct parties.
Filing a Claim Petition
If your initial claim is denied, then your case is really just beginning. The process of a formal Workers’ Comp claim with the Workers’ Comp Office of Adjudication (WCOA) – part of Pennsylvania’s Department of Labor and Industry – begins by filing a Claim Petition with the WCOA.
Deadline to File
Claim Petitions must be filed within 3 years of the work injury.
You also have to wait until your employer denies your initial claim or goes 21 days from your initial report without getting back to you. You cannot file a Claim Petition without filing your original claim with your employer first.
What Happens Next?
The WCOA will assign your claim to a Workers’ Comp Judge (WCJ). This WCJ then administers the process of evidence collection, where you will undergo medical exams from licensed physicians and where we will depose witnesses to gather evidence. From there, the case goes to a Workers’ Comp hearing before the WCJ.
How to File
A Claim Petition is a simple form you can get on the WCOA website and file with the WCOA, but you must also serve a copy on your employer. You should always work with your lawyer to file this Petition, given that the information may be more complex than you initially realize.
It can be hard to understand how each question is related to the specific requirements of a Workers’ Comp claim and what effects wrong or incomplete answers could have on your claim.
FAQs for Workers’ Comp Claims Against Warehouses in Pennsylvania
Can All Warehouse Workers’ File for Workers’ Comp?
Anyone who is an “employee” of the warehouse can file a claim for work-related injuries. Other employees might actually work for third-party companies – e.g., maintenance or custodial services, shipping/delivery companies – in which case, they would file their claims with those employers.
If you are an independent contractor, such as a contractor hired to make improvements to the warehouse, then you might not be covered under Workers’ Comp at all.
What Does Workers’ Compensation Cover?
Injured workers can typically get benefits to cover medical bills, lost wages (up to certain caps and floors), and additional benefits for permanent/serious injuries (also subject to caps and floors). If you settle your case, you can get all of this in one lump sum or continue to receive benefits through a structured settlement.
What Injuries Can You File a Workers’ Comp Case For?
Any work-related injury should be covered. This commonly includes
- Back injuries from lifting and carrying
- Injuries from falling boxes
- Forklift injuries
- Injuries from being trapped in machinery or conveyor belts
- Repetitive stress injuries
- Vehicle accidents
- And more.
What if I Was at Fault?
Workers’ Compensation is a no-fault system, meaning it does not take fault into account. As long as it was an accident, Workers’ Comp should cover you even if the accident was caused by you, a coworker, your employer, or an outside entity.
Can I Sue for Warehouse Accidents?
If you were hurt in the course of your work, you cannot sue your employer for it. However, you can potentially sue other parties.
For example, if you were hurt unloading a delivery because the delivery driver dropped boxes on you or ran you over, you can potentially sue the delivery company. You can also sue manufacturers of defective equipment, machinery, and safety gear.
How Long Does My Claim Take?
Once you file your initial claim with your employer, they should get back to you within 21 days. If they don’t, you can file a Claim Petition. Employers can also temporarily accept a claim and pay for up to 90 days while they keep investigating the case, then they can deny it at the end of that 90-day period.
If the case goes to a Claim Petition, it can often take over a year to reach the end of a full hearing. However, many cases settle well before that time.
Call Our Workers’ Compensation Lawyers in Pennsylvania for Help Today
For help with your claim, call Cardamone Law’s Mechanicsburg, PA Workers’ Compensation lawyers at (267) 651-7945.
