Understanding Musculoskeletal Work Injury Compensation in PA

Musculoskeletal injuries, also called musculoskeletal disorders (MSDs) or ergonomic injuries, are a common category of work-related injury. They include any injury or condition affecting muscles, bones, joints, nerves, blood vessels, ligaments or tendons.

If you have sustained a musculoskeletal injury while doing your job, Pennsylvania’s workers’ compensation system could help you obtain the funds you need to pay medical bills and offset lost wages.

Types of Musculoskeletal Injuries

• Common types of workplace MSDs include:
• Carpal tunnel syndrome.
• Tarsal tunnel syndrome.
• Sciatica.
• Rotator cuff syndrome.
• Tendonitis.
• Lower back pain.
• Workers can experience these injuries as a result of:
• Working in awkward postures.
• Handling excessive weight.
• Overexertion.
• Repetitive strain.
• Jarring or abrasive impact.

Musculoskeletal Injury Compensation Laws in PA

Work-related musculoskeletal injuries fall under the Pennsylvania Workers’ Compensation Act of 1915. This act applies to most workers in Pennsylvania, except for federal employees, railroad workers and others included in different compensation laws. The Workers’ Compensation Act entitles employees to compensation for job-related injuries and illnesses, regardless of who is at fault. 

On the other hand, the Workers’ Compensation Act gives employers immunity from employee injury lawsuits in most circumstances. This means your legal path to offsetting the financial implications of your work-related MSD is probably filing a claim for musculoskeletal injuries, rather than suing your employer for negligence.

Pennsylvania law requires nearly all employers to carry insurance coverage for valid workers’ compensation claims, including musculoskeletal work injury claims. This allows them to pay your workers’ compensation, provided your injury happened on the job and you complete all the steps to file your claim on time.

Filing for Workers’ Compensation for Musculoskeletal Injuries in PA

In Pennsylvania, you can file a workers’ compensation claim for a musculoskeletal injury by following these steps:

Seek immediate medical attention: This is important for your health and safety, but also because medical records provide evidence for your claim.

Inform your employer: You must tell your employer about your MSD within 21 days of when you become aware of it to qualify for benefits from the date of your injury. If you report it after 21 days but within 120 days, you can only qualify for benefits from the date you reported it. If you’ve known about your injury for more than 120 days without reporting it, you are unlikely to succeed in your workers’ comp claim.

Find a musculoskeletal injury attorney: While you can file on your own, a Pennsylvania workers’ comp attorney with experience in work-related MSD cases can help ensure you meet all the requirements and deadlines for a successful claim. They can also assist you with appeals or represent you in litigation if necessary.

Ensure your employer submits a FROI: After you report your injury, your employer must submit a First Report of Injury (FROI) form with the Workers’ Compensation Bureau to acknowledge that the workers’ compensation claim process has started.

Confirm your employer notifies their insurer: Your employer should also immediately inform their insurer, who will decide whether your claim qualifies for workers’ comp benefits.

Wait for a decision: Your employer’s insurance carrier has 21 days to process your claim before sending a notification that they’ve accepted or denied it. If they accept it, you’re entitled to benefits from as early as eight days after you first missed work. 

Appeal if necessary: If your employer ignores or refuses your workers’ comp claim or their insurer denies it, a workers’ comp attorney can help you find the best way forward. You can file a claim petition with the Workers’ Compensation Bureau.

Evidence Needed for a Successful Claim in PA

For your MSD workers’ comp claim to succeed, you must show evidence of your injury, its severity and that it happened on the job. The necessary proof could include:

Medical records: Your doctor’s diagnosis, treatment records and test results can demonstrate the nature and severity of your injury. Depending on your condition, imaging studies like X-rays could help support the diagnosis.

Employer incident reports: Ask your employer for any internal documentation of your injury, like an incident report recording the date, time and circumstances. Save the dated email or message you sent to notify them when you first sustained your injury.

Witness statements: If a sudden event caused your injury, gather written testimonies from anyone who witnessed it. Your doctor can also provide expert testimony about your injury and their opinion that your work activities caused it. 

Work records: Present your official job description or any communication from your boss instructing you to do what you were doing when the injury happened. Work timesheets can also be helpful, showing that your injury happened while you were doing your job.

What Compensation Is Available for Musculoskeletal Injuries in PA?

If your workers’ compensation claim for musculoskeletal injury is successful, you could be eligible for the following benefits:

Wage loss: You’ll receive a portion of the wages you would lose by missing work. The amount you receive depends on which Department of Labor and Industry block your weekly salary falls into. The highest earners get the annual maximum, while the lowest earners can receive 90% of their weekly salary. Those in the middle receive 66.66% of their wages or a standard rate that may be slightly above two-thirds of their pay.

Medical care: You can claim compensation for reasonable medical expenses until you are fully recovered. These expenses could include doctor’s bills, necessary surgeries, hospital fees, prescribed medicines and essential orthopedic appliances.

Specific loss: If your musculoskeletal injury causes you to lose any of your limbs or extremities, or the use of them, you may claim specific loss compensation along with your other benefits.

Disfigurement: If your musculoskeletal injury permanently disfigures your face, head or neck, you can claim additional benefits for disfigurement.

Death: In the rare case of a fatal musculoskeletal injury, dependents can claim financial compensation.

Why Choose Frommer D’Amico for Musculoskeletal Injury Compensation in PA?

If you’re a Pennsylvania employee and have experienced a musculoskeletal injury, a seasoned workers’ comp attorney can help you get the payout you deserve. At Frommer D’Amico, our attorneys are certified workers’ comp specialists. When you choose John Frommer or Joe D’Amico to handle your case, you get personalized 24/7 legal support, including:

• Managing paperwork and deadlines.
• Ensuring you provide compelling evidence for a successful claim.
• Guiding you throughout the appeals process if your initial claim is denied.
• Providing legal representation for musculoskeletal injuries cases if any dispute arises.

John and Joe are ready to fight for you and won’t charge you a cent unless we win your compensation. Contact us for a free consultation to learn how we can help with your workers’ comp claim to cover musculoskeletal injury.