Workers' Compensation FAQ

This is a short list of frequently asked questions we often answer in initial consultations with our clients. We can certainly address each of these questions as they pertain to your unique case, but if you have a general idea of what to expect in regard to these concerns, our first conversation can be even more fruitful.

Our lawyers handle workplace accident injury claims in Scranton, Wilkes-Barre and throughout Northeastern Pennsylvania. At McDonald & MacGregor, LLC (M&M Law), our entire team is dedicated to obtaining your best possible recovery and protecting your rights throughout the process, including on claim appeal if your injury claim is denied by your employer or its workers' compensation insurance carrier.

Workers' compensation laws and cases are complex, so the answers to the questions below are not meant to be comprehensive or to be legal advice. We highly recommend you come see us for a free consultation once you have reviewed these questions.

Please call our law firm in Scranton at 570-209-8893, or email our team to schedule a free consultation with an attorney.

  1. Do I need to prove fault in a workers' comp case?
    If you wish to file a workers' comp claim, there is no need to prove negligence or fault. Your employer's workers' compensation insurance should cover your medical costs and some lost wages even if your injury was caused by your own carelessness.
  2. Should I pursue a personal injury claim?
    It is best to speak with an experienced personal injury attorney before pursuing a claim on your own, but some workplace injuries do have underlying personal injury claims if a third party, such as a contractor or defective/toxic product manufacturer, is at fault for your injury.
    • Workers' compensation insurance benefits will likely not cover your full medical costs, lost wages or reduced earning capacity, especially in the long term. And, the insurance company may try to minimize the benefits you receive.
    • Compensation in a personal injury settlement or verdict may include full reimbursement for medical costs, lost wages and other damages. Our attorneys can work to maximize your financial recovery related to lost earning capacity, pain and suffering, future surgeries and other treatments, long-term care, wrongful death benefits and more.
  3. Can I sue my employer for work injury?
    You may be able to if your employer's intentional or egregious conduct was the cause of your work injury.
  4. Who will pay my medical bills?
    Workers' compensation insurance will pay most of your bills, including surgery, medicine, supplies, hospital treatment, orthopedic devices and prostheses as long as needed. However, this is not a guarantee. The law qualifies this by stating, "You are entitled to the payment of related reasonable surgical and medical services rendered by a physician or other health care provider." (emphasis added)
  5. How many days do I have to be out of work before I get paid after a work injury?
    Once it is determined that you are totally disabled and unable to work or partially disabled and earning less than you were prior to injury, wage-loss benefits will be available.
    • You must be disabled for more than seven calendar days. Benefits are payable on the eighth day after you are determined to be disabled, so it is important that you report your injury as soon as possible. Under workers' compensation laws, you will first receive compensation payment for lost wages within 21 days of not being able to work. You receive retroactive payment for the first seven days and regular payments thereafter.
  6. How much do I get for lost wages benefits?
    You will get about two-thirds of your average weekly wage for workers' compensation wage-loss benefits.
  7. Can I see my own doctor after a work injury?
    You can see your own doctor whenever you like, but you are required to see your employer's physician if you are supplied with a list of providers once your claim is accepted. Following initial treatment from that provider, you must continue treatment there for at least 90 days before beginning any treatment with your own doctor.
    • If your employer's physician recommends invasive surgery, you are entitled to a second opinion, and that diagnosis and visit will be paid for by your employer or its insurer.
    • After 90 days of treatment from your employer's physician, or in the case you were not supplied with a list of providers from your employer, you may see any health care provider of your choice, but your employer and its insurer are entitled to receive monthly reports from your provider.

In all stages of a workers' compensation claim, you should seek the counsel and advocacy of an experienced attorney. These are very complex issues in which your rights can be easily violated. Any missteps in a workers' compensation claim can seriously impact the rest of your life.

Attorneys Michael J. McDonald and Malcolm L. MacGregor each bring over 25 years of legal experience to your case, and they are well known for securing some of the largest settlements and jury verdicts in the region for personal injury cases, which could be an underlying claim in your case if you were injured by a third party other than your employer or a direct co-worker.

We Are Responsive To Our Clients 24/7

Please call us at 570-209-8893, or email us to speak with an attorney for free. You only pay legal fees if we help you improve your compensation or secure a favorable settlement or verdict.