Pennsylvania Fatal Claim Petition for Compensation by Dependents of Deceased Employees is a form used to apply for workers' compensation benefits when a worker has died due to a work-related injury or illness. This form must be completed by the surviving dependents of the deceased employee. Depending on the circumstances, the dependents may be eligible for compensation for funeral expenses, lost wages, and other benefits. There are two types of Pennsylvania Fatal Claim Petition for Compensation by Dependents of Deceased Employees: the Petition to Determine Dependency Status and the Petition to Determine Benefits. The Petition to Determine Dependency Status is used to determine the legal relationship between the deceased employee and the dependent, while the Petition to Determine Benefits is used to determine the amount of benefits that should be awarded to the dependent. Both forms must be submitted to the Pennsylvania Workers’ Compensation Office.
Pennsylvania Fatal Claim Petition For Compensation By Dependents of Deceased Employees
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FAQ
Permanent restrictions are your doctor's orders to never return to regular work. These are usually only issued if your doctor believes you will never fully recover from your injury. Often times, after you suffer a work injury and start treatment with a doctor, you will be given work restrictions.
If you are a widow or widower with no children, you are entitled to 51% of the weekly wages earned by your deceased loved one. If there is one child in the family, the amount increases to 60% of weekly wages. If there are two or more children, you are entitled to 66 2/3%.
Under Section 307 of the Pennsylvania Workers' Compensation Act, in situations where a person is fatally injured in the course and scope of employment, compensation benefits are payable to the survivors of that person, typically, the widow/widower and their children.
SECTION 302(a): A contractor who subcontracts all or any part of a contract and his insurer shall be liable for the payment of compensation to the employees of the subcontractor unless the subcontractor primarily liable for the payment of such compensation has secured its payment as provided for in this act.
The Claim Petition commences proceedings seeking a determination as to whether the claimant has a compensable injury and entitlement to benefits. Form LIBC-378 is a Section 413 Petition and the document utilized when an action implicating the workers' compensation award is initiated, in check-the-box format.
Section 311 of the Pennsylvania Workers' Compensation Act provides that notice of a work injury must be given to an employer within 120 days or it is barred.
Section 305(d) provides: ?when any employer fails to secure the payment of compensation under this act as provided in sections 305 and 305.2, the injured employee or his dependents may proceed either under this act, or in a suit for damages at law as provided by Article II.?
1994) (?Section 204(a) prohibits, as against public policy, an employer from agreeing with his employee to hold employer harmless for any future injury the employee may suffer.?) (emphasis changed).