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R. Bruce Manchester & Associates

WORKMAN'S
COMPENSATION
INJURIES

Do you know when you are entitled to benefits under Workman's Compensation?

When you become partially disabled, totally disabled, dismembered, or death is caused during the course of employment.


What is considered "during the course of employment"?
When you are engaged in business activities with your employer, whether upon the employer's premises or elsewhere, which includes personal time during regular work hours such as scheduled break periods, lunch, etc..

If your relationship with the employer is casual, chances are you will not be covered under the Compensation Act. An example of casual would be: infrequent employment at irregular intervals; limited and temporary purposes; being hired on occasion for special instances. Injury caused by a third party for personal reasons and not directed at you as an employee are not covered under the Compensation Act.

What is considered to be total disability?
When you are incapable of doing even light work of a general character and have suffered a total loss of earning power.

What is considered partial disability
When you have been injured but are capable of performing certain types of light work. With a disability such as this, you would be entitled to partial compensation if light work was available, total compensation if not.

What is dismemberment or total loss?
When you have lost a member by amputation or lost the total use of a member. This would include the loss of hearing, sight and permanent or serious disfigurement.

What is occupational illness or disease?
When you have became ill or contracted a disease as a result of your employment. An example of this would be lead poisoning

Do I have to be physically injured to receive compensation?
No! An example of this would be emotional shock.

What expenses would my employer be responsible for?
Medical, hospital, surgical, drug, orthopedic and prostheses expenses. In some cases the referee will award reasonable attorney fees, witness fees and reimbursement for lost time to attend the proceedings.

Can my employer choose my doctor?
Unless the employer designated at least five physicians to choose from, you can choose your own.

How do I make a claim?
First, you or someone on your behalf should notify your employer within twenty-one days after the injury. Unless notice is given within one hundred and twenty days after the occurrence of the injury, no compensation is allowed.

If an agreement for compensation cannot be reached between yourself, your employer, or the insurer, you must file a Claim Petition with the Department of Labor within three years of the incident.

NEXT - WORKMAN'S COMPENSATION - DEATH CLAIMS

If you have more questions concerning this or any legal topic, please consult an attorney.


From the Offices of:
R. Bruce Manchester & Assoc.
R. Bruce Manchester, Esquire
124 West Bishop Street
Bellefonte, PA 16823
(814)355-5421


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