What Is Considered An Injury Under The Workers’ Compensation Act?
An injury under the Pennsylvania Workers’ Compensation Act includes more than just a sudden workplace accident. Workers’ compensation may cover traumatic injuries, aggravations of pre-existing conditions, repetitive stress injuries, occupational diseases, psychological injuries, and certain specific loss injuries that arise out of employment. In general, if a work-related activity causes, worsens, or contributes to a medical condition, the injured worker may be entitled to workers’ compensation benefits.
Many Workers Don’t Realize They Have a Workers’ Compensation Claim
Many injured workers assume they do not have a workers’ compensation claim because:
- They have a pre-existing condition
- They cannot identify a specific accident
- Their symptoms developed gradually over time
- They returned to work after the injury
- Their injury involves permanent loss of function rather than lost wages
In reality, Pennsylvania workers’ compensation law covers a wide range of work-related injuries. The key question is often not whether an injury exists, but whether the injury is connected to the employee’s work activities.
Can a Pre-Existing Condition Still Be Covered?
Yes. A pre-existing condition does not automatically prevent an injured worker from receiving workers’ compensation benefits.
Pennsylvania workers’ compensation law recognizes that a work injury can aggravate, accelerate, reactivate, or worsen an existing medical condition.
For example, a nurse may have previously injured her shoulder in a motor vehicle accident and later aggravate that condition while lifting or transferring a patient at work. Even though the shoulder problem existed before the workplace incident, the aggravation itself may be compensable if it results in disability or the need for medical treatment.
This issue commonly arises with:
- Arthritis
- Degenerative disc disease
- Prior back injuries
- Prior shoulder injuries
- Knee conditions
- Neck injuries
The important question is whether work activities contributed to the employee’s current condition.
Are Repetitive Stress and Cumulative Trauma Injuries Covered?
Yes.
Not every workers’ compensation claim involves a single accident.
Pennsylvania workers’ compensation law recognizes that employees can suffer injuries from the cumulative effects of repetitive work activities over time.
Common examples include:
- Repetitive lifting injuries
- Back injuries from frequent bending
- Carpal tunnel syndrome
- Repetitive shoulder injuries
- Neck injuries caused by repetitive motion
- Tendon and ligament injuries
For example, a warehouse worker may develop disabling back pain after years of repetitive lifting and bending without being able to identify one specific incident that caused the injury.
These injuries may still qualify for workers’ compensation benefits if they are related to the employee’s job duties.
What Are Specific Loss Benefits?
Pennsylvania workers’ compensation law also provides specific loss benefits for certain permanent injuries.
Specific loss benefits may be available for:
- Loss of a hand, finger, arm, foot, leg, toe, or other body part
- Permanent loss of use of a body part
- Hearing loss
- Loss of vision
- Serious and permanent disfigurement of the head, face, or neck
Unlike traditional wage-loss benefits, specific loss benefits are based on a set number of weeks established by the Pennsylvania Workers’ Compensation Act.
An injured worker may qualify for specific loss benefits even if they return to work.
For example, a mechanic who suffers a partial thumb amputation may still be entitled to specific loss benefits despite returning to full-duty employment shortly after the injury.
Other Types of Compensable Work Injuries
Pennsylvania workers’ compensation law may also cover:
- Occupational diseases
- Hearing loss
- Lung diseases caused by workplace exposure
- Psychological injuries
- Work-related mental health conditions
- Fatal workplace injuries
Each claim depends on the facts of the case and the evidence connecting the condition to employment.
Why Employment Connection Matters
Pennsylvania workers’ compensation courts focus heavily on whether an injury is related to employment.
An injury does not always need to be tied to a single accident or identifiable event. Instead, the focus is often on whether the employee’s work duties caused, contributed to, aggravated, or accelerated the condition.
Because of this, many workers who initially believe they do not have a claim may actually qualify for workers’ compensation benefits.
Talk to a Pennsylvania Workers’ Compensation Lawyer
Workers’ compensation injuries come in many forms. Whether your injury resulted from a single accident, repetitive work activities, a pre-existing condition, or a permanent loss of function, you may have rights under Pennsylvania workers’ compensation law.
At Stern & Cohen, our Pennsylvania workers’ compensation attorneys help injured workers understand their rights and pursue the benefits they deserve.
Contact Stern & Cohen today for a free consultation.
FAQs
What is considered a work injury in Pennsylvania?
A work injury is any injury, illness, aggravation of a pre-existing condition, occupational disease, or other condition that arises in the course and scope of employment and is related to work activities.
Can I receive workers' compensation if I have a pre-existing condition?
Yes. Workers’ compensation may cover the aggravation, acceleration, or worsening of a pre-existing condition if work activities contributed to the disability or need for treatment.
Do I need a specific accident to file a workers' compensation claim?
No. Repetitive stress injuries and cumulative trauma injuries may qualify for workers’ compensation benefits even when there is no single identifiable accident.
What are specific loss benefits?
Specific loss benefits are compensation benefits available for the loss or permanent loss of use of certain body parts, hearing loss, vision loss, or serious disfigurement.