If you are a worker in Pennsylvania and unsure about your rights, you are not alone. Many Pennsylvania workers are left in limbo because workplace rights can be challenging to understand and navigate. They can change depending on timing and the employer’s response. In this article, we will delve into what workers’ rights are in Pennsylvania and how Abes Baumann, as experienced workers’ compensation attorneys, can be your trusted resource for injured workers in Pittsburgh and across Western PA.
Understanding Workers’ Rights in the Workplace in Pennsylvania
What “workers’ rights” means after a workplace injury
In the broad sense, workplace rights include your rights to medical care, wage-loss benefits, reporting an injury, and protection from employer treatment and retaliation. As a worker in Pennsylvania, you have rights guaranteed by the Pennsylvania Workers’ Compensation Act, ensuring you are legally protected and supported if you are injured on the job.
Why Pennsylvania workers often feel confused about their rights
Many workers get confused about workers’ rights because the compensation system has strict rules and regulations, and rights can look different depending on the time period, such as during the first 90 days of treatment. To add to the confusion, employers and insurance companies do not always explain the full picture clearly, further creating a sense of alienation among workers. This is why understanding rights in the workplace and having someone to help guide you through the complex system is crucial to securing your rights as a worker in Pennsylvania.
What Are My Rights in the Workplace After a Work Injury in Pennsylvania?
Your right to report a workplace injury
If an injury occurs during work, workers should report it as soon as possible. Prompt reporting will help a claim and secure legal protection. The state of Pennsylvania has a law where employees need to report an injury within 120 days of the accident. Failing to do so can result in the loss of the right to benefits.
Reporting promptly also prevents employers’ insurance company from claiming the injury occurred outside of work, or that it is a pre-existing condition.
Your right to seek medical treatment
Workers have the right to receive treatment for job-related injuries or illnesses. These treatments are covered by the employer or their insurance companies, and include all medical costs, such as doctor visits, medications, and surgeries.
It is important to note, however, that your choice of doctor is initially limited. According to the 90-day panel rule, where employers list at least six designated healthcare providers, workers must choose between these options for the first 90 days of treatment. After 90 days, workers have the right to switch to any doctor of their choice.
Your right to pursue wage loss benefits
If the injury keeps you from working, you may have the right to wage loss benefits. This right is intended to ensure that workers and their families continue to receive financial support during recovery or rehabilitation.
Pennsylvania has a seven-day waiting period, during which you will not be paid for the first 7 days of missed work. If your disability is for more than 14 days, you will receive retroactive pay for the first 7 days of missed work.
Your right to ask questions and get legal guidance
The right to ask questions and receive legal support is designed to ensure that workers fully understand their rights and do not have to go through the process alone. A workers’ compensation attorney is the right person to go to for explanations and help with figuring out the next steps.
The First 90 Days After a Work Injury in Pennsylvania Matter
Why the first 90 days are different
One of the most important aspects injured workers need to understand is the first 90-day rule. Under Pennsylvania law, the first 90 days give employers the right to decide who will treat workers by creating a “panel list” of at least six designated medical providers for workers to choose from. Therefore, during this period, treatment choices and medical documentation can be affected. For example, if the doctor determines that you are fit to work, even if you are still experiencing an injury, the insurance company can use that to stop or reduce compensation.
For the panel requirement to be enforceable, the employer must satisfy Pennsylvania’s notice requirements, including providing the required information about the panel providers.
Benefits can be more vulnerable during this period
Because of this rule, employers have more control during this 90-day period. Injured workers often feel like they are at the mercy of the employer or insurer. However, it is crucial to highlight that this 90-day rule does not apply to emergencies. In cases where urgent care is needed, workers may go to any emergency room. The 90-day period applies only to ongoing or follow-up care.
Why early legal guidance can help
To prevent misunderstanding, unpleasant surprises, and most importantly, mistakes, early legal help is highly recommended. A lawyer can help explain the complex rules at this early stage and advise you on the right steps to ensure your rights are protected and your claims are securedi. For example, insurance companies often use forms and language that may cause confusion. An attorney can help review documents to ensure workers understand the scope of the matters.
Your Rights After the 90-Day Period Ends
You may be able to treat with your own doctor
After the 90 days have passed, the balance of power shifts. Workers will then be able to switch to doctors of their choosing. Employers or insurance companies must still pay for all medical bills, even if the doctors are not on their approved panels. This will also affect your medical documentation, such as when you are required to have medical restrictions that reflect your inability to work while still receiving benefits.
Benefits cannot simply be stopped without due process
Once the first 90 days have passed, your workers’ compensation benefits gain a massive layer of legal protection. The insurance company or employer cannot simply stop or reduce benefits. To legally stop or reduce compensation, it must be ordered by a judge, and the insurer must go through a legal process involving a petition and evidence. Even during the court process, benefits must still be given to workers, unless the judge specifically grants a temporary halt.
How Abes Baumann Helps Protect Injured Workers’ Rights in Pittsburgh and Western PA
Direct support for injured workers
We specialize in workers’ compensation law. Our service is focused on supporting workers through every step of the journey — from understanding workers’ rights to navigating the process, securing claims, choosing the best next steps for your situation, and representing workers in legal battles. Abes Baumann is committed to serving workers in Pennsylvania to secure the rights that they deserve.
Local experience
With decades of experience serving our beloved workers in Allegheny County and the Greater Pittsburgh area, local experience is our pride. We understand Pennsylvania’s rules and are dedicated to providing service with the utmost respect, focusing on handling your legal challenges with the urgency they deserve. We apply a strong work ethic and will work our best to help protect your rights while you focus on recovering.
Contact our team today, and let Abes Baumann get to work on your behalf.
Frequently Asked Questions About Workers’ Rights in Pennsylvania
What are workers’ rights after getting hurt on the job in Pennsylvania?
Workers in Pennsylvania have the right to medical care, wage-loss benefits, to report an injury, and to be protected from employer treatment and retaliation.
Can my employer choose my doctor after a work injury?
Yes. Per the 90-day rule, employers can make a list of at least 6 healthcare providers that employees must choose from. However, after this 90-day period, workers can choose to switch to their preferred doctors.
Can my workers’ compensation benefits be stopped at any time?
No. Once workers’ compensation benefits have been established, an employer or insurer generally must follow Pennsylvania’s legal procedures before terminating or modifying those benefits.
Do I need a lawyer for a workers’ compensation claim?
You are not legally required to hire a lawyer. However, a lawyer is recommended because they can help you understand your rights, navigate complex process, and especially when there are disputes with the employer or insurance companies.
How much does it cost to talk to Abes Baumann?
We do not charge any fee unless the case is won.