Have you or someone you love been injured on the job? Contact
a workers' compensation lawyer now for a free consultation.
 Workers' compensation is the insurance that your employer is required to carry in the event an employee is injured on the job or becomes ill or dies due to work-related circumstances. If you are unable to work because of a work injury or illness, the insurance required under the Pennsylvania Worker's Compensation Act will provide you with benefits, including payment of certain medical and rehabilitation expenses, lost wages, specific loss benefits, and death benefits, if applicable.
Do I need an attorney?
You have the right to be represented by an attorney for your work-related
injury. Your attorney will help you in seeing that your rights are properly protected. While individuals can sometimes represent themselves in these matters, it is best to contact a workers' compensation lawyer as soon as possible after an accident or diagnosis of a disease or condition in order to protect your legal rights. Workers' compensation laws are constantly changing and a lawyer will be in the best position to advise you in order to protect your rights.
What should I do if I get injured on the job?
Seek emergency medical attention if needed. Immediately report your injury to your employer. An injured worker must report any accident to their employer or any supervisor. Notification must be done within a set amount of time as set by state law. If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier, and your doctor concerning your workers' comp claim.
What are the most important things an injured individual should know
about workers' compensation rights?
- Always report a work injury
even if you might not lose time from work or need immediate medical care.
It is critical that you require your employer to complete
an accident report.
- Remember to keep an independent
record of the date, time, and nature of your work injury.
In addition, make a list of witnesses as well as the
person to whom the injury is reported.
- Be sure to
provide a complete and accurate account of the type
of injury you sustained and how your injury occurred
as well as your past medical history.
- If your employer
fails to accept your claim within 21 days of the
date you notify them, seek legal assistance and file
a petition for compensation.
- Should your employer accept
your injury, be certain that the wages upon which your
compensation is based are accurate. In most cases your
compensation should be 66 2/3% of your gross wages
from all sources of employment.
- If, after receiving
compensation, your employer or the insurance company
asks you to see another physician, seek legal advice
immediately as this is your employer's first step in
their attempt to either terminate your compensation
or modify your benefits.
- It is possible that your employer
may offer you modified work based on medical proof
that you are able to perform that work. This can cause
you to lose your benefits by failing to accept the
newly defined work.
- You might be contacted by a vocational
rehabilitation firm attempting to find you a new
job. Your compensation can be effected if you fail
to cooperate with the vocational firm.
- Should you receive
a petition in the mail to terminate, suspend or modify
your compensation, seek legal advice.
- NEVER sign
a supplement agreement or final receipt without having
it reviewed by an attorney.
What are the rights
and responsibilities of the injured worker?
An injured worker may be entitled to:
- receive wage benefits;
- receive medical care reasonable
and necessary to treat a work-related injury or illness
without any specific time limit;
- initially choose
a doctor under certain circumstances;
- hire an attorney
to help get benefits or to help resolve disputes,
and/or
- confidentiality.
If you are injured, you may be responsible
to:
- inform his or her employer about a work-related
injury or illness;
- complete a claim form and submit
it to the employer, and/or
- tell his or her doctor
how the injury occurred and if it was work related.
What
injuries are covered?
Any worker who has sustained an injury arising
out of and in the course of their employment has
a potential workers' compensation claim. As long
as your injury is job-related, it's covered.
What workers' compensation benefits am I entitled
to?
You may be entitled to receive all reasonable and
necessary medical treatment, benefits for lost
wages, benefits for specific injuries resulting
in permanent losses such as loss of use of an extremity
and/or disfigurement (scars). You may also qualify to participate
in certain physical and vocational rehabilitation programs.
If the injury causes the death of an injured worker,
burial expenses are covered and the spouse and/or
dependents of the deceased worker may be entitled
to certain benefits.
If you become temporarily unable to work, you'll
generally receive two-thirds of your average wage
up to a fixed ceiling. These benefits are tax-free.
You will be eligible for these wage-loss replacement
benefits as soon as you've lost a set amount of
work because of an injury or illness that is covered
by workers' compensation as set by state law.
Please use the form below to contact us regarding
this practice area.
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