Whether you are being trained on your first day of work or you are attending an off-site training years into your job, training is a vital part of your job. As such, injuries during trainings are usually covered under Workers’ Comp, allowing you to file a claim for compensation for accidental injuries during training.
Any work-related injury should be covered under Workers’ Comp, including during trainings. Workers’ Comp coverage starts on your first day of work, and there is no vesting period or delay. Even if the training was not at your usual workplace or was part of a retreat or conference off-site, that should still be covered. But getting compensation requires following all procedural requirements.
To get started on your claim, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 right away.
Qualifying for Workers’ Compensation for Job Training Injuries
You must meet these requirements to qualify for coverage through Workers’ Comp.
Hired as an Employee
Independent contractors are not covered, but any employee injured in Pennsylvania should be covered. This status is not based on whether you are getting paid with a 1099 vs. a W-2, but rather on what job tasks you were performing.
If you were attending mandatory job training, it is likely you are an employee. Clients do not typically have such close control over their contractors, and that level of control is a hallmark of an employer-employee relationship.
Injury Was Work-Related
Injuries are only covered if they are work-related. This usually means that they occurred because of unsafe working conditions or they happened in the course of performing work tasks.
You must be working within the scope of your job at the time of the injury for it to be covered, which usually covers training.
Injury is Disabling
Medical coverage is provided for any work-related injury, but you can also get wage-loss benefits if your injury is disabling. To qualify, it has to keep you from work for at least 7 days (not necessarily consecutive).
Procedures to Follow for a Workers’ Comp Claim
You also have to follow these procedures and requirements to file a claim on time and get your claim covered in full.
21-Day Reporting Requirement
If you were hurt at work, you need to report it within 21 days of the injury. You might think your employer already knows, but they might not have all the details, especially if you are a new employee and they didn’t immediately know who was injured.
120-Day Final Deadline
If you miss this deadline, you must report your injury within 120 days at the latest, or else you cannot proceed with a claim.
3-Year Petition Deadline
If your employer blocks your claim after your initial filing, our Philadelphia Workers’ Comp lawyers can file a Claim Petition with the Workers’ Comp Office of Adjudication. This must be filed within 3 years of the injury, in most cases.
Medical Treatment
In the first 90 days of medical treatment for a work injury, you have to use doctors your employer chooses. These are often called “panel doctors,” though some listed doctors may be chiropractors and other practitioners.
If you need a specialist that isn’t listed or you need surgery, talk to a lawyer about what exceptions may be available to you.
Medical Exams
As part of getting Workers’ Comp, you often need to undergo an exam by your employer’s doctors. These exams are called independent medical exams (IME) because the doctor is independent of you, not independent of your employer. This doctor is on your employer’s side and may be looking for any excuse to shut down your claim.
Travel to these appointments can often be paid for through Workers’ Comp.
Coverage for Workers’ Comp During Training
Workers’ Compensation should cover trainings, given these important rules:
Coverage Starts Day 1
Although it might be uncomfortable to start your work off with a legal claim, Workers’ Comp kicks in on your very first day of coverage. There is no vesting period or delay before these benefits kick in, even if you might have a delay for other benefits (vacation days, health insurance, etc.).
Trainings Are Work-Related
Trainings may in fact be one of the most dangerous parts of your job, since you do not yet know all the risks you might face on the job. Because of this, it is very important that training is considered part of your work.
Even if you face reduced hours or pay during your training or onboarding period, it is still certainly “work-related” and should be covered through Workers’ Comp.
Off-site Trainings Qualify
Just because you are working at another location does not change the fact that you are indeed working. If you are being trained at a location other than your normal job site, you should still be covered for work-related injuries.
FAQs for Workers Injured During Job Training in Pennsylvania
How Long Does a Claim Take?
If your employer accepts the claim, your benefits should come quickly. If they deny your initial claim, we can go to a Claim Petition.
Claim Petitions usually take a few months to resolve if the employer is willing to cooperate or settle the claim. If they want to fight the whole way, it often takes over a year to resolve fully.
How Do You Calculate Lost Wages If You Are Hurt During Onboarding?
Your wage-loss benefits are usually based on your salary or your past year of wages. Alternatively, we can use at least 13 weeks of pay – but if you were hurt very early on, even this data might not be available.
Instead, we can look at your hourly wage and the expected hours you were supposed to work.
Are Injuries During Job Training Programs Covered?
If your job training was through your employer after hiring, then you are an employee and should be covered under Workers’ Compensation.
If you were not hired yet but were instead going through schooling, certification training, or an outside job training program when you were injured, there typically is no Workers’ Comp for that. However, you may have a personal injury case against the training program or other people who injured you.
Are Interns Covered Under Workers’ Compensation?
Interns who work like they are full employees – especially paid interns – typically qualify as employees under the definitions in the Workers’ Compensation Act, making them eligible for coverage. However, every case is unique, and it is important to have a lawyer determine whether you are covered or not.
If you are not covered, you may still be able to file a personal injury lawsuit.
Call Our Pennsylvania Workers’ Comp Lawyers Today
To file your claim, call Cardamone Law’s Montgomery County, PA Workers’ Compensation attorneys at (267) 651-7945.
