Name: Cardamone Law
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Pennsylvania is traditionally a coal state, and oil, gas, and mining are not just part of our history. Thousands of oil, mining, and gas workers throughout the Commonwealth face the potential of injury at work, and our lawyers are there to help them get the compensation they need after an injury or occupational illness.

Workers’ Comp claims can be filed for most work-related injuries and illnesses. In fact, the Workers’ Comp Act has specific sections for common mining and coal conditions, such as black lung. Our attorneys can help you file claims against your employer to seek medical bills, lost wages, and other benefits.

For your free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.

What Do You Need to Qualify for Workers’ Comp Benefits?

There are four big qualifications for a valid Work Comp claim in Pennsylvania:

Employee Status

Independent contractors are not covered, but employees are. There may be some roles within oil, gas, and mining where you are hired as a contractor instead of an employee, but you should always review your case with a lawyer.

Often, these titles are not enough, on their own, to kick you off coverage, and it is the facts that matter. If your work is controlled by your employer – they tell you where to work, when to work, and what to do – then you are potentially an “employee” even if you are called a “contractor.”

Work-Related Injury or Illness

Workers’ Comp only covers injuries that happen in the course of your work. This covers two possibilities:

Injuries caused by workplace conditions, such as a mine collapse, exposure to chemicals and particulate in the environment, and noise hazards.
Injuries stemming from your work tasks, such as hurting your back or being burned while performing work duties.

A work-related illness can also be covered, especially if it is one of the listed health conditions in the Workers’ Comp Act. These are assumed to be from your work, such as the explicit statement that pneumoconiosis and anthraco-silicosis for coal workers are specifically covered.

Disability

If your injury keeps you from working for over 7 days, you qualify for wage-loss benefits.

For occupational illnesses, they have to become disabling (or kill the worker) within 300 weeks of your last work in that job or industry for coverage to apply at all.

Timely Notice

Injuries need to be reported to your employer within 120 days of the accident, or else you are ineligible for coverage. It is expected, however, that you report the injury within 21 days.

Occupational diseases must disable workers within 300 weeks of work, giving you more time to discover the disability, but you must report it promptly once that happens.

Covered Injuries and Illnesses

Many injuries to oil, gas, and mining workers are the same kinds of physical injuries you could face in any physically demanding work:

Back and neck injuries
Broken bones
Head injuries
Falling injuries
Lifting/carrying injuries
Heat exhaustion and heat stroke.

Others are specific to the industry and often occur at a higher rate in these industries. Some of them are even assumed to be “work-related” if you work in the listed industry because of the high rate of injury for these specific workers.

Pneumoconiosis/black lung
Various types of silicosis and other lung conditions from silica/dust/coal dust exposure
Hearing loss from machine noise exposure
Cancer from chemical exposure.

FAQs for Oil, Gas, and Mine Workers filing for Workers’ Comp in Pennsylvania

Are Oil, Gas, and Mining Workers Covered Under Workers’ Comp in Pennsylvania?

Workers’ Compensation is generally supposed to cover all “employees” throughout the Commonwealth. There are a few exceptions that are carved out, and federal workers are covered under a different system. However, there are no exceptions for oil, gas, or mining.

That means these workers should still be fully covered under Workers’ Comp.

What Benefits Are Available?

Three areas of benefits are potentially available:

Medical coverage for all care for your work-related injury
Wage-loss benefits (typically equal to 2/3 your average wage before the injury or 2/3 of the difference in wages before and after the injury)
Additional compensation for amputation, lost function, lost vision, lost hearing, and significant disfigurement.

When Do You File Your Claim?

Workers’ Comp claims are initially filed with your employer by notifying them of the injury within 21 days of the accident (though this notice must come within 120 days at the latest). From there, they get 21 days to decide your claim (which can be extended another 90 days in some cases).

If they deny your claim or wait too long to respond, you can file a Claim Petition with the Workers’ Comp Office of Adjudication within 3 years of your initial injury.

Do I Need a Lawyer?

You should always work with a Pennsylvania Workers’ Compensation lawyer when bringing a case. It can be difficult to afford the medical exams, doctors’ reports, and other evidence collection without our help, and it can be difficult to know what qualifications and evidence are necessary.

In any case, our lawyers also have experience negotiating these claims, and we can help you deal with the paperwork and court dates while you focus on healing.

How Much is a Lawyer?

Our services are usually covered out of the winnings in your case. That means you do not need to pay us anything up front, and we get paid nothing if we lose your case.

Fees are maxed out at 20% of the award.

Do I Need to Undergo Medical Exams?

Yes. Not only will you need to get medical treatment, but you will also need to undergo exams from your own doctors and your employer’s chosen doctors to gather evidence about your injury, its cause, and your disability.

Some of these required exams are called “independent medical exams” (IMEs), but they are not independent at all; the doctor is hired by your employer. Work with a lawyer to prepare for these appointments.