Specific loss under Pennsylvania Workers' Comp
Under Pennsylvania Workers' Compensation Law, an individual is entitled to receive workers' compensation benefits for specific types of injuries even if the injury that was suffered does not cause an individual to lose wages. An individual may have suffered a specific injury to a particular body part that does not disable them but they may be entitled to receive a set sum of benefits that has been pre-determined by the Workers' Compensation Regulations.
These benefits are called specific loss benefits. They include what would be a specific loss of a finger, hand, arm, toe, foot, leg, etc.
The Workers' Compensation Act has established certain guidelines for those who can receive specific loss benefits. You must show that a particular body part has been amputated or that you have lost the functional use of that body part for all practical intents and purposes. You must have medical evidence to support this claim.
When you have suffered an injury which you now believe is permanent, you are entitled to make a claim for a specific loss benefit if you can prove that you have lost the use of fifty percent (50%) or one-hundred percent (100%) of that body part.
Injury During Course and Scope of Employment
The injury must have occurred in the course and scope of one's employment, notice of the injury must be given to the employer within 120 days and a claim must be filed within three (3) years of the date of the injury.
The amount of benefits you are able to receive depends on the part of the body that has been injured. In addition to the amount of benefits you are able to receive for specific loss, there is also an additional period called a healing period of anywhere from six (6) to ten (10) weeks of benefits you may be able to receive if you have missed time from work because of the injury.
If you have suffered a specific injury to a specific part of your body and you are now having functional loss of use of that particular body part, you should contact an experienced workers' comp attorney at Caroselli, Beachler, McTiernan & Conboy, L.L.C. to make a claim for specific loss benefits. Usually a claim must be filed against the employer or insurance company to obtain a specific loss benefit.
Contact Us
Contact the Pittsburgh and Philadelphia workers compensation attorneys at Caroselli Beachler McTiernan & Conboy, L.L.C., by calling us at 412-567-1232 in Pittsburgh or Western Pennsylvania, 215-792-6153 in Philadelphia or Eastern Pennsylvania or toll free at 866-466-5789. You may also complete our online contact form. Initial consultations are free and confidential.
For your convenience, we are available to come to your home, hospital or union hall to talk with you and your family about your rights under the Pennsylvania Workers' Compensation Laws.
