Q: Is there a minimum amount of time I need to be employed by a company before I qualify for worker's comp?
As long as you sustained an injury that occurred while in the course and scope of your Employment with your Employer you would be eligible for Workers Compensation Benefits. If you do not lose any time from work, you would be eligible for medical benefits. If your injury resulted in your inability to continue working and you suffered a loss of wages, as a result, you would not be eligible to receive any Workers Compensation Wage Loss Benefits until you have missed at least 7 days from work. If you miss more than 2 weeks of work as a result of said work-related injury he would then be eligible to receive wage loss benefits for the initial week.
The calculation of your Average Weekly Wage would depend upon your tenure with your Employer. If you were employed less than 13 weeks, your Average Weekly Wage would be calculated based upon your expectations at the time of hire. If you were employed for more than 13 weeks, Section 309 (d) of the Act would then require calculations based upon 13 week "quarters" that you have completed.
If you have sustained a work-weighted injury that is resulting in your being unable to continue working and you are suffering wage loss and the need of medical treatment, it is my recommendation that you promptly Notify your Employer of same and contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies. The initial Consultation would be Free of charge and most Attorneys accept Workers Compensation cases on a Contingent Fee Basis.
Glenn Neiman agrees with this answer
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