Being a nurse in Hershey is a tough job. Perhaps you work at the Milton S. Hershey Medical Center for Penn State Health. Maybe you work in an urgent care center or a doctor’s office. Regardless of where you work, your job carries significant hazards that most other professions don’t. When you get injured on the job, you expect your employer to provide the workers’ compensation benefits you need. What if that doesn’t happen?
Calhoon and Kaminsky P.C. is a law firm that understands workers’ compensation for nurses. We’ve been practicing nothing but workers’ comp law for over two decades, and we know how to fight for the benefits you’re entitled to. Don’t make the mistake of trying to pursue your workers’ comp claim yourself, or of facing a denied claim on your own. Call us or contact us online today for your free consultation with a workers’ compensation attorney in Hershey, PA, and let’s discuss your next steps together.
Nurses’ Rights After an Injury on the Job
Under most circumstances, any Pennsylvania nurse who’s classified as an employee has the right to seek workers’ compensation benefits after they get hurt while performing their duties, whether they work for a hospital, a healthcare facility, or a healthcare organization. Nurses have the right to be off work when their treating physician gives them work restrictions that prohibit them from working. They also have the right to file workers’ compensation claims without fear of retaliation.
Additionally, if someone else injures a nurse on the job (such as a patient who became violent), the nurse may have the right to file a third-party claim or lawsuit against that person.
When Nurses Can Qualify for Workers’ Comp in PA
As a nurse who is an employee, you qualify for workers’ compensation benefits when you get hurt while performing your work duties. You must notify your employer of your injury within 21 days of being hurt. No compensation is due until you give them notice. If you don’t give notice within 120 days of the accident, you will no longer be entitled to compensation.
Injuries you deliberately cause yourself or those you suffer while you are under the influence of alcohol or illegal drugs are generally not eligible for workers’ compensation benefits.
Common Causes of Job-Related Injuries and Illnesses for Nurses
Nurses are constantly exposed to hazards, both from the physical work of the job and from contact with the public. Workers’ comp for a nurse could be paid because of injury or illness resulting from:
- Slippery walkways in the facility
- Obstacles in patient rooms or hallways
- Patient repositioning, including back injuries
- Broken handrails or steps
- Needle sticks
- Exposure to airborne infectious diseases
- Radiation exposure
- Hazardous waste
- Overexertion
- Violence from patients or other visitors in the facility
What Does Workers’ Comp Cover?
PA workers’ compensation for nurses provides the benefits outlined in the Pennsylvania Workers’ Compensation Act. When you’re injured while performing your nursing duties, workers’ comp should cover your:
- Medical expenses – Worker’s comp should cover medical expenses that are reasonable and necessary to treat your injury. In most cases, the funds will be paid directly to the care provider. Pennsylvania law allows the employer to select the physicians who may treat the injured worker for the first 90 days. If your employer has such a list, you must select a healthcare professional from that list for your medical treatment to be covered. If your employer does not have such a list, or if 90 days pass after the injury, you may choose your own medical provider.
- Total disability benefits – When you are completely off work, whether because your injury is still healing or because it is so severe that you can never return to work, you’re entitled to wage loss benefits. The benefit pay rate is generally 66 2/3 percent of your pre-injury average weekly wage. However, some exceptions exist. PA uses a schedule to determine the rate at which your benefits will be paid, subject to state minimums and maximums. If you are off work while healing from your injury for 104 weeks, the insurer can request a medical examination to verify that you are at least 35 percent impaired. If you do not meet this threshold, your benefits will change to partial disability benefits.
- Partial disability benefits – Partial disability benefits are paid if 1) you are not totally disabled, 2) you have work-related restrictions that prevent you from returning to your original work, and 3) those restrictions would allow you to take a lower-paying job. These benefits can last up to 500 weeks. Your physician may give you impairment ratings during this time. If you receive an impairment rating that is 35 percent or greater, you may file a petition for total disability status.
How Calhoon and Kaminsky P.C. Helps Injured Nurses
Nurses are important to our community, and at Calhoon and Kaminsky PC, we are proud to help those who are so dedicated to helping others. We can:
- Investigate the cause of the accident and gather evidence to support your claim
- Build a strong case that shows you deserve benefits to compensate for your lost wages and medical care
- Manage all communications with the workers’ comp insurer
- Negotiate for the benefits you need
- File a petition for a hearing before a Workers’ Compensation Judge (WCJ) if the insurer won’t cooperate
- Prepare you to give testimony if the case requires a hearing
- Appeal the WCJ’s decision if necessary
- Represent you in your appeal before the Workers’ Compensation Appeal Board
FAQs About Workers’ Compensation for Nurses
Nurses and other injured workers often have questions when they first visit us. We’ve answered some of those for you here, so you have some of the information you need.
When Can Nurses Collect Workers’ Compensation Benefits?
In Pennsylvania, there is a seven-day waiting period for workers’ compensation wage loss benefits. If your doctor keeps you off work, benefits begin on the eighth day after your injury. Your first payment should arrive within about two weeks after that eighth day.
How Can I Determine if I Am Eligible for Workers’ Comp?
Your eligibility for workers’ compensation benefits depends in large part on your worker classification. If you are self-employed or an independent contractor, you will not be entitled to workers’ compensation benefits. A 120-day delay in reporting your injury will also make you ineligible for benefits. An experienced workers’ compensation lawyer can review your situation with you and advise you about whether you qualify for benefits.
Should I Hire a Lawyer to Help Me File for Workers’ Comp?
Yes, it’s always a good idea to seek professional help when dealing with complex legal issues. Although it is technically legal to file for workers’ compensation benefits on your own, an attorney can help you avoid obstacles that typically delay or minimize valid claims. Workers’ compensation law in Pennsylvania is complicated, and you could accidentally terminate your own claim by missing a deadline or failing to file the right documents at the right time.
When your livelihood is at stake, leave your case in the hands of a skilled workers’ comp lawyer. They know what to do to prove your eligibility for benefits and navigate the workers’ compensation system.
Can I Sue My Employer if I’m Injured at Work?
Generally, no. Workers’ compensation is an “exclusive remedy.” Under PA law, when you accept workers’ compensation coverage, you agree not to sue your employer for your injuries. Under this arrangement, you don’t have to prove that someone else caused your injuries to get workers’ comp benefits.
Seeking Workers’ Comp For Nursing Injuries? Contact Our Firm Today
Calhoon and Kaminsky PC has over 20 years of experience in fighting for the workers’ compensation benefits that injured workers deserve. We handle workers’ comp cases and nothing else. When you need someone to stand up for you and fight for the benefits you deserve, we’re the firm you want in your corner.
When it comes to attorney fees, we believe that everyone should have high-quality legal assistance, no matter the size of their bank account. That’s why we operate on a contingency fee basis, which means you’ll pay us no attorney fees up front. Instead, we’ll take an agreed-upon percentage of your settlement or court award as our fee. If we don’t secure benefits or compensation for you, you’ll owe us no legal fees – it’s as simple as that.
Don’t try to handle your workers’ comp case alone. Leave it to us. You focus on healing so you can get back to the vital work you do. Call or contact us online for a free initial consultation to meet our team and learn how we can help.
