Have you or a loved one been injured at work in the Philadelphia area? If so, you should be aware of all of your rights in a workers compensation claim by talking with a Philadelphia workers compensation lawyer. It’s easy to forget about the difficulties associated with workers compensation benefits when we’re healthy and able to work. However, when a workplace injury leads to a debilitating injury, most victims are unable to continue working in the same capacity as before the injury. In these cases, employees rely on workers compensation to get them through these difficult financial times. But in some cases, employers do not want to pay workers compensation benefits and victims’ benefits are denied. ***There are also injuries that one might suffer that could have been the result of the negligence of a third party. If your injury was the fault of someone or something other than your employer- you may be able to pursue a personal injury claim as well as seek workers compensation benefits. Our firm will take the time and effort to look beyond your worker’s compensation claim to determine if you have a third party claim – which may entitle you to seek compensation for damages way above those you are entitled to in a workers compensation claim alone. If you or someone you love has suffered an injury at work and is currently dealing with obtaining workers compensation benefits, contact a Philadelphia workers compensation lawyer immediately to find out about your rights.
Discuss Your Rights with a Workers Compensation Attorney, Philadelphia
The Rothenberg Law Firm LLP represents clients in the Philadelphia area and throughout Pennsylvania and our team of Philadelphia lawyers will help you understand your legal rights. Let the experienced legal professionals at our firm in Philadelphia help you obtain the benefits and the money you deserve. ***Your initial consultation with a workers compensation attorney in Philadelphia is always free. Find out if you have a valid Workers Compensation Claim or Third Party Case. ***Our firm never takes a fee or costs unless we’re successful in recovering money for you.
How Much Money Will My Workers Compensation Payments Be Worth?
You may be eligible to receive a number of different payments, including:
- Medical benefits: Medical benefits can include payment for visits to the doctor, any hospital expenses you incur, medical expenses, and any necessary supplies (including orthopedic and medical supplies).
- Partial disability benefits (for lost wages): If you can return to work with light-duty assignments, you can still be eligible for partial disability benefits, which will be calculated based on your pre-injury salary.
- Total disability benefits (for lost wages): You’re entitled to a portion of your wages if you’re unable to work. The amount of your usual paycheck (before your injury) will determine the amount of your benefits. The maximum amount you can receive is $917 per week.
- Specific loss benefits: Specific loss payments come in the form of a lump sum payment, and they’re usually paid when an employee suffers an amputation, physical disfigurement, or the loss of a body part (including hands, feet, eyes, and ears).
- Scarring:Depending on where you were scared you may be eligible for compensation. Specifically, if a scar occurred while you were working and is on your head, neck or face, or if the scar occurred during surgery to treat a work-related injury, you may be able to collect benefits. Your Philadelphia workers compensation lawyer will want to know the location of the scar, its size, and its disfiguring effects.
- Death benefits:When an injury at work leads to an employee’s death, the victim’s surviving family members may be eligible for a death payment if they relied on the victim’s income for support. An experienced workers compensation attorney in Philadelphia will look at all of the factors of your injury to determine the amount of benefits you deserve. Only an experienced Philadelphia workers compensation lawyer with a duty to fight for your interests can provide a fair assessment of the value of your case.
Frequent Questions That May Arise with a Workers Compensation Claim:
Who Pays Workers Compensation Benefits in Pennsylvania?
PA law says that an employer has to provide workers compensation insurance for employees. When an employee suffers an injury at work, the employer’s workers compensation coverage will pay benefits to the injured employee. If your employer doesn’t have the required worker’s compensation insurance, it’s important to contact an experienced workers compensation attorney in Philadelphia as soon as possible to discuss your case.
Are Any and All Injuries Covered by Workers Compensation?
When an employee is injured at work, the first thing he or she might want to know is what types of injuries are covered by workers compensation. In short, most injuries or illnesses that happen at work and that have been caused by an accident or condition at the workplace are going to be covered under Pennsylvania workers compensation law. ***Remember: There are also injuries that one might suffer that could have been the result of the negligence of a third party. If your injury was the fault of someone or something other than your employer- you may be able to pursue a personal injury claim as well as seek workers compensation benefits. For example, our firm were able to collect over two million dollars for a client who was injured at work when a tool box fell off of a dolly which was not equipped with brakes. In this case, the client was entitled to workers compensation benefits because he was injured on the job- but he also collected money as a result of a lawsuit we pursued on his behalf against the manufacturer of the company that produced the dolly without brakes.
Which injuries typically aren’t covered?
a) Any injuries that do not occur during the course of employment;
b) self-inflicted injuries; and
c) any injuries caused by the employee’s own illegal acts.
For instance, if an employee takes drugs on the job and then has an accident because of that decision, workers compensation is not going to pay benefits. Keep in mind, however, that PA workers compensation benefits do not require you to be completely free of fault in order to be eligible for benefits. Even if the injury is your own fault – as long as you didn’t inflict the injury yourself and you were not breaking the law when the accident occurred- you still may be eligible for compensation. Only an experienced workers compensation attorney in Philadelphia can look at the specific details of your case and advise you on the best course for benefits.
If You Work in Philadelphia but Live in New York or New Jersey, Where Should You Apply for Workers Compensation Benefits?
In short, workers compensation payments tend to be higher in Pennsylvania than in other states. As a result, many employees who have been injured on the job and have ties to the State prefer to apply for workers compensation benefits in Pennsylvania.
What kinds of ties to Philadelphia do you need to have in order to be eligible for Pennsylvania workers compensation payments?
In most cases, you’ll need to be able to show one of the following: that you’re a PA resident, that you work in Pennsylvania, or that the company that employs you is based in PA. These cases can get tricky, though, and it’s important to have an experienced Philadelphia workers compensation lawyer on your side to deal with the intricacies of your claim.
When Do You Have to Return to Work?
If you’re receiving workers compensation benefits, you may worry that your employer is trying to coerce you to return to work before you’re ready. The key question here is: does the medical professional agree? If your employer’s physician says you can return to work but your personal doctor doesn’t believe you’re ready, workers compensation law says that you’ll continue to receive benefits until a judge looks at your case. However, if your own doctor says you’re ready to go back to work, then you’ll have to return to your job or risk losing your workers compensation payments. If you’re receiving partial disability payments, it’s important to know that you can only receive workers compensation benefits for up to a 500-week period. Once the 500-week period is over, you may not be eligible for future benefits. However, the law does not require you to return to work-it simply states that the workers compensation insurance company doesn’t have to provide benefits to you any longer. If you’re unsure of whether Pennsylvania workers compensation law requires you to return to work, it’s important to contact an experienced injury attorney in Philadelphia. You do not want to risk losing your benefits, and a Philadelphia workers compensation lawyer can advise you of your rights and responsibilities when it comes to workers compensation benefits.
I’m Worried I’m in Danger of Losing My Benefits. How Can an Employee Lose Workers Compensation Benefits?
If you’re receiving workers compensation payments, you must abide by specific Pennsylvania workers compensation rules. In brief, you must always comply with orders for medical exams, you must submit to certain medical services, and you must provide an employment verification form to the insurance company after your injury. You can also lose your benefits if;
a) you recover fully from your injury;
b) if you decide to return to work and make a salary that’s at least equal to that which you were making before your injury; or
c) if your 500-week partial disability period is over. It’s important to know that you can also lose your benefits if you decide to accept a lump-sum payment, or if you’re convicted of a crime that results in your imprisonment.
Our experienced Philadelphia workers compensation lawyers handle these cases every day, and they know how tedious and confusing it can be for employees.
Can I Handle My Workers Compensation Case on My Own, Or Do I Need a Workers Compensation Attorney in Philadelphia?
Timing requirements are important here. You should always report your injury to your employer immediately. Under Pennsylvania workers compensation law, you only have 120 days to inform your employer of your work-related injury. If you fail to inform your employer that you’re injured, you may not be eligible for benefits. Many employees worry that they’ll risk being fired if they report an injury to their employers. The law is clear that an employee cannot be fired for submitting a workers compensation claim. However, there are many other requirements when it comes to submitting a workers compensation claim. If you’ve been injured at work, you’ll want an advocate on your side – like an experienced Philadelphia workers compensation lawyer – who can discuss the complicated workers compensation requirements with you, can make sure you’re eligible for benefits and can help guarantee that you will continue to receive your paychecks for as long as the workers compensation law will permit.
How Can a Workers’ Compensation Attorney Help You?
Because the workers’ compensation system is designed to be simple for injured victims to navigate, many assume they won’t need an attorney. However, the path toward recovering compensation is often complex. After a workplace injury or illness, the last thing you want is to navigate the confusing process of filing a claim on your own. Consult with a workers’ compensation attorney who can help you pursue financial compensation by doing the following:
- File the initial claim
- Identify the cause of your injury or illness
- Document your medical history
- Determine when or if you can return to work
- Identify which settlement offer is in your best interest
- Appeal a denial of benefits
- Field calls from insurance adjusters and attorneys
- Handle any third-party claims
In addition, there may be special circumstances that could complicate matters even further, such as:
- Your Claim is Denied: Insurance companies are for-profit businesses that are never eager to pay out-even to those who deserve compensation. These companies have many strategies to deny or minimize workers’ compensation claims. For example, the insurance company could argue that your injury was due to a preexisting condition and wasn’t work-related, that you filed your claim too late, or that the injury was your fault. Fortunately, the workers’ compensation system allows you to file an appeal. An attorney can help you file the paperwork, leverage legal tools to gather evidence and present a strong case at your hearing.
- You Have Preexisting Conditions: If you have a preexisting injury or condition worsened by your work-related injury, the insurance company will make recovering compensation a challenge. They will likely challenge your claim and try to blame your injury on the preexisting condition. You’ll need an aggressive attorney who knows how to win this.
- Your Working Capacity Will Be Affected for the Rest of Your Life: Maximizing your workers’ comp benefits is a priority if you can never work again or can’t work at the same capacity. To continue to support yourself and your family, you will need to structure your benefits so that you secure training in a new line of work–if switching jobs becomes necessary. An experienced attorney can help you secure your financial future.
- You’re Being Denied The Medical Treatment You Need: It’s no secret that medical procedures come with high costs. Emergency procedures, surgeries, and physical therapy are often necessary for those injured at work. However, insurance companies often attempt to delay or deny approval for these treatments. Having an attorney on your side can help put pressure on the insurance company to approve them.
- You’re Preparing for a Workers’ Comp Hearing: A hearing will be necessary when an insurance company refuses to settle or continues to lowball its settlement offers. To increase your chances of being successful, the support and skill of a workers’ compensation attorney is crucial.
Contact Our Workers Compensation Lawyers
If you or a loved suffered an injury on the job, consider getting in touch with the experienced team of legal professionals at The Rothenberg Law Firm LLP. Contact us today to discuss your case, 1-800-624-8888.
Philadelphia Office Location
The Rothenberg Law Firm LLP
1420 Walnut Street,
Philadelphia, PA 19102
