Pennsylvania’s law of workers’ compensation provides many essential benefits to injured workers. In two parts, this article covers the losses that are not compensable to injured workers under current Pennsylvania law. While some may not consider this is a short list, Pennsylvania law does provide workers compensation benefits for the following:
Elements of a workers’ compensation claim not covered by the Pennsylvania Workers’ Compensation Act include vocational rehabilitation, psychological problems, pain and suffering, and some disfigurement.
The Pennsylvania Workers Compensation Act does not entitle workers to vocational rehabilitation services. The law contains no requirement that an employer or workers’ compensation insurance carrier provide these benefits.
Pennsylvania law significantly limits the ability of workers to receive benefits for a work-related psychological condition. A claimant must not only show that the psychological issue is work-related, he or she must also establish that the psychological problem is the objective result of an abnormal working condition, decided on a case by case basis. These types of claims are very difficult to prove in a court of law typically because of the potential for abuse and fraud.
Pain and Suffering
Workers are compensated for their inability to work and not because of the pain and suffering that prevents them from working. The inability to work with any ensuing medical treatment entitles a worker to compensation under Pennsylvania law. Pain and suffering play no role in this analysis.
Disfigurement for a work injury below the neck
While the Pennsylvania Workers Compensation Act provides for the payment of disfigurement or scar benefits for the head, neck or face, including those resulting from surgical procedures, no benefits are payable for scars below the head, neck or face. Of course, many disfigurements are the result of surgical procedures to the lower extremities.
Since James Powell, Sr., founded Powell Law in 1906, our attorneys have represented all types of workers in workers’ compensation cases. Powell Law’s decades of experience make it the clear and obvious choice for representation in workers’ compensation matters in the Scranton/Wilkes-Barre and surrounding areas. Contact Powell Law at (570) 961-0777. The consultation is FREE!