How Do I Know if I Have a Claim?

Were you hurt on the job? Pennsylvania has a no-fault workers’ compensation claims system (Pennsylvania Department of Labor and Industry). You have the right to file for benefits. Not sure if you have a viable claim. The legal team at DiLoreto, Cosentino & Bolinger P.C. can help. Our Franklin County workers’ compensation attorneys can help you determine if you have a viable claim in Pennsylvania.

Consideration #1: Did the Injury Occur in the Course and Scope of Employment?

To be covered by workers’ comp insurance, Pennsylvania requires that the injury arise in the course and scope of employment. To be clear, the course and scope standard is broad. The term includes injuries that occur while performing assigned duties, work-related errands, or activities that directly advance the employer’s interests. Injuries that happen during breaks on the employer’s premises can also qualify. You must be able to show a clear connection between your job duties and the event or condition that caused the harm.

Consideration #2: Did You Provide Timely Notice to Your Employer?

You must meet Pennsylvania’s notice requirement (77 P.S. § 631). The law requires notice within one hundred twenty days from the date of injury. In repetitive trauma cases, the clock may start when you first knew or should have known that the condition was work-related. Delayed notice invites disputes because insurers argue that other activities caused the injury. Written notice is not mandatory, but clear, documented communication can help to support your claim.

Consideration #3: Do You Have Medical Evidence Linking the Injury to Your Job?

Medical records are key to any injury claim, and work-related cases are no exception to the rule. Indeed, in Pennsylvania, insurers and courts rely heavily on medical evidence to determine compensability. You must have a physician willing to state, within a reasonable degree of medical certainty, that work duties caused or aggravated your condition. Diagnostic studies, treatment records, and occupational histories support this opinion.

Consideration #4: Did the Injury Cause Disability or Require Medical Treatment?

Workers’ compensation benefits cover medical expenses and wage loss caused by a work-related injury. You must show that the injury required treatment or created functional limitations that affected your ability to work. The disability can be partial or total. If you returned to modified duty with lower earnings, you may qualify for partial disability benefits. If you cannot work at all, you may qualify for total disability benefits.

Set Up a Free Case Review With Our Top Franklin County Work Injury Lawyer

At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ comp attorneys are standing by, ready to help. If you have any questions about whether or not you have a claim, please do not hesitate to contact us today for a no-cost, no-obligation case review. We invest the time and resources to help our clients get the best outcome. Our firm handles work injury cases throughout Franklin County, including in Chambersburg, Waynesboro, and Fayetteville.