Malcolm L. MacGregor | June 19, 2026 | Workers' Compensations

Am I Eligible for Workers' Compensation?

A workplace injury can turn a worker’s life upside down. Workers’ compensation exists to address a worker’s medical expenses and lost wages. But not everyone who is injured at work automatically qualifies for benefits.

If you were hurt on the job and are unsure whether you are eligible, speaking with an experienced workers’ compensation attorney can help you understand your rights. 

What Is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. In exchange for these benefits, injured workers generally give up the right to sue their employer for negligence. 

This “no-fault” system means you do not need to prove your employer did anything wrong to receive benefits.

Workers’ compensation benefits typically cover:

  • Medical expenses related to the work injury
  • A portion of lost wages while you are unable to work
  • Vocational rehabilitation if you cannot return to your previous job
  • Permanent disability benefits if your injury results in lasting impairment
  • Death benefits for surviving family members in fatal workplace accidents

Lost wage benefits are generally based on a percentage of a worker’s average weekly wage. 

Basic Eligibility Requirements for Workers’ Comp

To qualify for workers’ compensation benefits, you must meet several conditions. 

You Must Be an Employee

Workers’ compensation coverage typically applies to employees, not independent contractors. If your employer classifies you as a contractor, you may face additional challenges in pursuing a claim. However, an attorney can help determine whether you were improperly categorized.

Your Employer Must Carry Workers’ Compensation Insurance

Most states require employers to maintain workers’ compensation coverage once they employ a certain number of workers. If your employer failed to carry the required insurance, you may still have legal options available to you.

The injury or illness must have occurred in the course and scope of your employment. This includes injuries that happen at your workplace, while traveling for work, or in connection with job duties performed off-site. Injuries that occur during personal breaks or commutes are sometimes excluded.

What If I Was Partially at Fault for My Injury?

Workers’ compensation is a no-fault system. This means that, in most cases, you can still receive benefits even if you contributed to the accident. However, benefits may be reduced or denied if your injury resulted from serious misconduct, such as being intoxicated or intentionally harming yourself.

Common Reasons Workers’ Compensation Claims Are Denied

Unfortunately, workers’ compensation claims are regularly denied or challenged by employers and their insurers. 

Common reasons for denial include:

  • The injury was not reported within the required timeframe
  • The employer claims the injury did not occur at work
  • The insurer disputes the severity of the injury
  • The employee was allegedly intoxicated at the time of the accident
  • The injury is attributed to a pre-existing condition

Injured workers generally have the right to appeal a denied claim. An experienced attorney can review the reasons for denial and help you challenge the insurer’s decision.

How Long Do I Have to File a Claim?

In Pennsylvania, workers’ compensation claims are subject to strict filing deadlines. You must report your workplace injury to your employer within 120 days to preserve your rights, and you have a 3-year statute of limitations to formally file a claim petition if the claim is denied.

Missing these deadlines can cost you the right to benefits entirely. That is why it is important to act quickly after a workplace injury.

Contact the Experienced Scranton Workers’ Compensation Attorneys at McDonald & MacGregor, LLC for Help Today

If you were injured at work, an experienced workers’ compensation attorney can help you understand your eligibility, gather the evidence needed to support your claim, and fight back if your claim is denied or undervalued. Contact McDonald & MacGregor, LLC today to schedule a free consultation with a Scranton workers’ compensation lawyer.

We proudly serve Scranton, Wilkes-Barre, Hazleton, Luzerne County, Lackawanna County, and surrounding areas.

McDonald & MacGregor, LLC
220 Penn Ave Suite 320, Scranton, PA 18503
(570) 209-7062