Eligibility

Eligibility 2016-11-04T01:27:08+00:00

PA Workers’ Compensation Eligibility Questions

Wilkes-Barre Workers’ Compensation Lawyers - Comitz Law Firm, LLC Pennsylvania workers’ compensation attorneys at Comitz Law Firm, LLC, provide answers to frequently-asked questions regarding eligibility.

Are you eligible to receive workers’ compensation payments for your injury or illness?

You may be eligible if:

  • You are hurt on the job
  • You aggravate a pre-existing injury
  • You develop a work-related illness (i.e. carpal tunnel syndrome; asbestosis)

Can you receive payments if your work injury was your own fault?

Yes. Pennsylvania workers’ compensation laws allow you to request payment for work-related injuries even if you were at fault. However, intentional and self-inflicted injuries are not covered.

Can you receive payments if your job requires travel — or lacks a fixed place of work — and you are injured in a car accident while driving?

People who have no fixed place of work, for example, traveling nurses, consultants and salespersons, are generally covered.

Can you receive payments if you were injured on your lunch break?

Most likely not, because the general rule is that if you suffer an injury during personal time taken throughout the work day (i.e. lunch breaks; cigarette breaks), you would not be covered.

Can you receive payments if a previous injury was aggravated on your current job?

In this situation, it depends on whether the aggravation is a new injury, or merely a minor recurrence of the old injury. If you can prove that you have a new injury related to your current job, you would be eligible to receive workers’ compensation benefits.

Can you receive payments if you were injured at home while doing work for your employer?

If your employer specifically asked you to do work at home, you are most likely eligible to receive workers’ compensation benefits. On the other hand, if you voluntarily chose to take work home, you would not be covered.

If have additional questions regarding eligibility, contact our workers’ compensation lawyers to schedule a free consultation, or call us at (570) 829-1111.