Scranton Workers' Compensation FAQs

Were you injured in a workplace accident in Scranton, Pennsylvania? The Scranton workers’ compensation lawyers at McDonald & MacGregor, LLC are here to answer your questions and guide you through the claims process. Call (570) 209-8893 today to schedule a free consultation and discuss your situation.

Pennsylvania workers’ compensation benefits are generally available regardless of who caused your workplace injury. In some cases, you may also have a third-party personal injury claim that allows you to seek compensation beyond workers’ compensation benefits.

Why Choose McDonald & MacGregor, LLC to Handle My Workers’ Compensation Case in Scranton, PA?

Why Choose McDonald & MacGregor, LLC to Handle My Workers’ Compensation Case in Scranton, PA?

Workers’ compensation claims can become complicated, especially when benefits are delayed, denied, or disputed. Having an experienced Scranton workplace accident lawyer on your side can help you understand the process, protect your rights, and pursue the benefits available under Pennsylvania law.

When you work with McDonald & MacGregor, LLC, you benefit from:

  • More than 90 years of combined legal experience
  • Tens of millions of dollars recovered for injured clients
  • Recognition from Best Lawyers in America, U.S. News Best Law Firms, Pennsylvania Super Lawyers, and the Million Dollar Advocates Forum
  • Representation tailored to the unique circumstances of your case
  • A contingency fee arrangement, meaning you pay no attorney’s fees unless we recover compensation for you

If you have questions about a workplace injury or your workers’ compensation benefits in Scranton, PA, we can help explain your options. Contact our Scranton personal injury attorneys today to schedule a free consultation.

Am I Eligible for Workers’ Compensation?

In Pennsylvania, most employees are covered by workers’ compensation beginning on their first day of work. In general, you may qualify for benefits if you suffered an injury or developed an illness arising out of and in the course of your employment.

Workers’ compensation is a no-fault system. This means you generally do not have to prove your employer was negligent or that anyone else caused your injury. Whether you work in construction, healthcare, an office, retail, or another industry, you may be entitled to benefits if your injury or occupational illness is work-related.

What Benefits Can I Receive After a Workplace Accident in Scranton?

Pennsylvania workers’ compensation provides several types of benefits, including:

  • Medical benefits covering reasonable and necessary treatment for your work injury
  • Wage-loss benefits when you cannot work. These cover about two-thirds of your average weekly wage. 
  • Specific loss benefits for the loss of use of a body part or for disfigurement
  • Death benefits for the family of a worker killed on the job

Workers’ compensation does not pay any money for your pain and suffering. It is designed to replace lost wages and cover medical care only. 

What’s the Difference Between Workers’ Compensation and a Personal Injury Claim?

Workers’ compensation and personal injury claims serve different purposes. Workers’ compensation provides benefits to employees who are injured on the job, regardless of who caused the accident. In exchange, employees generally cannot sue their employer for negligence.

A personal injury claim, on the other hand, is based on someone else’s negligence. If a third party—such as a negligent driver, property owner, or equipment manufacturer—caused your workplace injury, you may have a separate personal injury claim in addition to your workers’ compensation case.

Unlike workers’ compensation, a personal injury claim may allow you to recover damages for pain and suffering and your full lost wages. An attorney can determine whether both types of claims are available in your situation.

How Long Do I Have to Report My Injury?

You should notify your employer of your injury as soon as possible. To receive benefits dating back to the injury, you generally must report it within 21 days. If you wait longer than 120 days to report, you can lose your right to benefits entirely. 

If you intend to file a personal injury claim against a third party, Pennsylvania generally gives you two years from the date of the injury to file that lawsuit. Because the workers’ compensation and personal injury systems run on different timelines, it is wise to speak with an attorney early so you do not miss a deadline in either one.

What Happens After I Report My Injury?

Once you report your injury, your employer’s insurer has 21 days to accept or deny your claim, or to begin paying temporary benefits for up to 90 days while it investigates. If your claim is accepted, benefits begin.

If your employer or its insurer denies your claim, you have three years from the date of injury to file a Claim Petition with the state. Your case will then be heard by a workers’ compensation judge, with further appeals available if needed. Many valid claims are denied at first.

Contact Our Scranton Workers’ Compensation Lawyers Today for Help

The workers’ compensation process can quickly become complicated, especially if benefits are delayed, denied, or disputed. An experienced attorney can help you navigate the process and get the benefits you need to move forward. 

At McDonald & MacGregor, LLC, we have spent decades fighting for injured workers across Northeastern Pennsylvania. If you were hurt on the job, contact us today for a free consultation with a Scranton workers’ compensation attorney. Let us handle the legal work so you can focus on your recovery.