Workers’ Compensation for Lifting Injuries in Pennsylvania
If your job involves hauling heavy objects, you may face significant risks. Back and shoulder injuries account for about a third of injuries leading to missed workdays. The main causes of these injuries are overexertion and cumulative trauma, which often come from heavy lifting.
Physical harm can seriously impact an employee’s mobility, well-being and livelihood. A workers’ compensation lifting injury claim could help manage medical expenses and make up for lost wages.
Understanding Lifting Injuries
Manually lifting and moving heavy objects is hazardous, but many jobs require workers to do this as part of their daily duties. These jobs include construction, delivery, agricultural work, maintenance and many other positions. How much weight a worker can handle depends on factors like:
- Body weight
- Lifting angle
- Age
- Health
- Lifting technique
- Personal protective equipment (PPE)
Even when you’re lifting a weight you’d normally be able to handle, many potential mishaps can occur while lifting and lead to acute injuries.
Repetitive strain from long periods of regular heavy lifting can also lead to harm from overuse. Common workplace lifting injuries include:
- Tendonitis
- Muscle strains
- Ligament tears
- Herniated discs
- Rotator cuff tears
These injuries can cause varying degrees of temporary or permanent disability.
Causes of Lifting Injuries at Work
Workplace lifting injuries can happen for a variety of reasons, including:
- Lifting a load that is too heavy.
- Repetitive strain from frequent lifting.
- Handling heavy weight while fatigued or ill.
- Losing control of the weight while lifting.
- Using improper lifting technique.
- Not wearing appropriate PPE.
Pennsylvania Workers’ Compensation Laws and Lifting Injuries
The primary legal basis for workers’ compensation claims in Pennsylvania is the Workers’ Compensation Act of 1915. Although this act does not specifically address lifting, it gives nearly all workers in Pennsylvania the right to claim compensation for work-related injuries. Apart from exceptions for demonstrable intoxication or reckless indifference, this applies regardless of who was at fault for the injury.
By law, nearly all Pennsylvania employers must have workers’ compensation insurance to ensure they can pay out for legitimate claims. In most cases, the no-fault policy means there is no legal employer liability for lifting injuries apart from reporting them to the insurer to claim compensation for workers.
Some classes of workers are excluded from the Workers’ Compensation Act, but may have other legal options for work-related injuries. These include:
- Railroad workers
- Shipyard and harbor workers
- Federal civilian employees
- Some agricultural laborers
- Many volunteer workers
Unless you are in one of those categories, a lifting injury while doing your job is usually a valid cause for a workers’ compensation claim as long as you file correctly.
Filing a Claim for Lifting Injuries in Pennsylvania
You can file a workers’ compensation claim for a lifting injury in Pennsylvania by taking these measures:
- Inform your employer: After your lifting injury, inform your employer about what happened and let them know your intention to claim workers’ compensation as soon as possible. Consider using an electronic medium like email so you can save the evidence of when you first reported your injury. You have a 120-day window to report an injury from the day it happens, but sooner is better.
- Get medical attention: Seeing a medical professional after a lifting injury is a smart move for your physical well-being, but it’s also important as evidence for your workers’ comp claim. Let your employer know you are seeking medical attention for your workplace injury, and let your doctor know this injury occurred during work. Medical records dating close to the time of your injury help to establish that you experienced a significant injury while doing work duties.
- Have your employer report the injury: Once you’ve reported your injury and missed work, your employer has seven days to file a First Report of Injury (FROI) with the Workers’ Compensation Bureau of the Department of Labor and Industry (DLI). They must also report the injury to their insurance carrier, which will either approve and pay out your claim or deny it. If your employer fails to report your injury, seek the help of a workers’ comp attorney.
- Contact an attorney: An experienced workers’ compensation attorney can help you gather all the necessary evidence, file your claim correctly and handle any disputes with your employer or their insurer.
- File the petition on time if denied: You have three years from the date you first became aware of your lifting injury to submit a claim petition to the Workers’ Compensation Bureau if your employer or insurer denies your claim.
If your claim is successful, you should receive benefits within 21 days of reporting your injury and missing work. If your valid claim is denied, a workers’ compensation attorney can help you get the benefits you deserve.
The Evidence You Need for a Successful Claim
A successful workers’ compensation claim may require evidence, especially if your initial claim is denied. Important evidence to present in these cases includes:
- Medical records documenting the extent of your lifting injury, linking it to your on-the-job activities.
- Dated correspondences between you and your employer showing when you reported your injury and how they responded.
- Work timesheets, witness testimonies and any other evidence needed to show that the injury happened while you were doing your job.
What Compensation Is Available for Lifting Injuries?
Workers’ compensation for lifting injuries in Pennsylvania can cover the following benefits:
- Wage-loss: Workers’ compensation offsets wages you lose while unable to work. The amount and duration of these payments depends on the extent of your injury and your earning bracket, but most workers can claim up to two-thirds of average weekly wages.
- Medical care: You can claim compensation for reasonable medical expenses related to your lifting injury. These could include medicines, hospital treatment, orthopedic appliances and doctors’ fees.
- Death: Dependents can claim financial compensation if a worker dies from a work-related lifting injury in Pennsylvania.
- Specific loss: You may claim specific compensation if your lifting injury leads you to lose or lose the use of a limb, extremity, vision or hearing.
- Disfigurement: If your lifting injury caused permanent disfiguring damage to your face, neck or head area, you can claim disfigurement benefits.
The exact benefits you can receive through workers’ compensation depend on your injury and other specifics of your case. A skilled workers’ compensation attorney can help you understand what you are entitled to claim.
Contact Frommer D’Amico Attorneys for Lifting Injury Workers’ Compensation
If you have a work-related lifting injury, an experienced workers’ comp attorney can help you get the benefits you deserve. Frommer D’Amico is a committed workers’ compensation law firm practicing in Central Pennsylvania.
We are certified workers’ compensation attorneys offering all the personalized legal support you need for your lifting injury compensation claim.
Contact us for a free consultation for professional, personal and affordable legal representation.
ence Do You Need for a Successful Claim in Pennsylvania?
For your hearing loss workers’ compensation claim to succeed in Pennsylvania, you must have enough evidence to show three things:
- You have permanent hearing loss rated as 10% or more according to American Medical Association standards.
- Your work environment exposed you to hazardous noise levels or other potential causes of hearing loss.
- Your work environment contributed to your hearing loss, according to a medical professional.
The evidence you’ll need to establish these claims will vary but typically includes:
- A statement from an audiologist or ear, nose and throat specialist about your percentage of hearing loss and its cause.
- Audiogram records that support this statement.
- Witness testimony about your work environment and any specific incidents.
- Work records that show your job required exposure to the hazard that impacted your hearing.
- Records of correspondence with your employer.
An experienced workers’ compensation attorney can help you understand exactly what evidence you need and make sure you’re ready to file your claim.
How Much Compensation Is Available for Hearing Loss in Pennsylvania?
Whether your work-related permanent hearing loss came from prolonged exposure to a hazardous environment or a specific incident, you can claim up to two-thirds of your average weekly wages for the duration of benefits. The duration of benefits depends on the severity of the hearing loss.
State law requires almost every employer in Pennsylvania to have coverage for workers’ compensation, so nearly all employers will have access to the financial resources to pay out valid workers’ comp claims.
Contact Frommer D’Amico Workers’ Compensation Attorneys for Hearing Loss Claims
If you have experienced work-related hearing loss, consulting an experienced workers’ comp attorney can help you get the benefits you deserve. Frommer D’Amico is a dedicated workers’ compensation law firm practicing in Pennsylvania. We are certified workers’ compensation attorneys ready to give you the personalized legal support you need to file your hearing loss compensation claim.
Contact us for a free consultation to get professional, personal and affordable legal representation for hearing loss claims.