If you're unable to work because of a job-related injury, you probably have several questions:
At The Disability Guys Pennsylvania, we can help you get the benefits you deserve.
The period following a work injury can be very confusing. Many employees may be aware that they're covered under Workers' Compensation but have no idea how the process actually works. Others expect to get the coverage they rightfully deserve, only to discover that their employer and/or their employer's insurance carrier don't have their best interests at heart. In any case, injured workers often have several questions about what to expect while they're out of work.
Workers' Compensation is designed to simplify the process of providing benefits for injured workers. Virtually every worker in Pennsylvania is entitled to these benefits, but not every injured worker receives the coverage they deserve. The state requires extensive evidence that an injury is work-related and serious enough to impair your ability to work. Additionally, Workers' Comp insurance companies are very skilled at finding ways to deny claims so that they can limit their liability.
The monetary consequences of a work injury can add up quickly and many workers are not financially prepared to handle new medical expenses in addition to their rents, mortgages, and bills. In fact, CNN has reported that 6 in 10 Americans don't have $500 in savings which could be used for an unexpected expense. When an injury happens and paychecks stop coming in, these workers need a safety net to keep them afloat until they're capable of returning to the workplace.
Filing a claim for Workers' Comp takes time and the appeals process is even more lengthy. However, having a work injury lawyer in your corner can expedite the process by preventing complications. These lawyers help injured workers provide all of the necessary documents and evidence for a successful claim and represent them in hearings and court proceedings. In most cases, it's necessary to have legal representation in order to receive work injury benefits in a timely manner.
At The Disability Guys Pennsylvania, we've represented injured workers throughout virtually all occupations and professions. We understand the common concerns people have when they're trying to get the financial help they need to recover from a job-related injury.
We've compiled a list of some of the most common questions we hear during consultations and meetings with clients. Our answers can give you a better idea of what to expect from the WC process, but remember that every work injury case is unique. In order to best plan for your recovery, it's usually necessary to discuss your situation with an experienced lawyer.
Any injury, illness, or occupational disease caused by your job duties is eligible for Workers' Compensation. This includes sudden accidental injuries and also repetitive motion injuries which build up over time, such as carpal tunnel syndrome and musculoskeletal disorders. Workers' Compensation insurance is a no-fault policy, meaning that you're entitled to compensation even if the injury was your fault.
Every worker should be prepared for the possibility of getting injured on the job. Taking the right steps in the early stages can make it much easier to receive compensation. Specifically, injured workers should make sure to:
Nearly every Pennsylvania worker is covered, with a few exceptions. Your employer is required by law to provide this coverage, regardless of the size of the business. There are certain occupations which have industry-specific compensation systems, including:
You will receive roughly 2/3 of your average weekly wage while you're out of work. These payments are capped at a maximum of the statewide average weekly wage. In 2017, this maximum amount is set at $995.
No, these benefits are not taxable. That's why you only receive 2/3 of your average weekly wage - this reduction accounts for taxes.
Yes, your employer and/or their insurance carrier are required to pay for all of your injury-related medical expenses during your recovery.
There are several different types of benefits available, and some of them depend on the severity of your injury:
Yes, some workers are eligible to receive both of these forms of benefits at the same time. However, your Workers' Comp payments will be reduced to account for the other compensation you're receiving through Social Security.
If your claim is accepted, you will begin to receive payments about 21 days after you first reported the injury. Denied claims will involve a lengthy appeals process which could last between 8-12 months. However, a knowledgeable work injury lawyer can help you get through appeals faster.
In Pennsylvania, employers are almost always protected from lawsuits after work injuries. This is the compromise of Workers' Comp - employees are guaranteed coverage even if the injury was their own fault, and employers are protected from lawsuits even if their negligence causes an injury.
There are rare exceptions in cases of gross misconduct, such as failing to provide Workers' Compensation insurance in the first place.
While you usually can't sue your employer or co-workers, there are certain situations where a personal injury lawsuit is an option. If a negligent third party played a role in your accident, you could hold them liable for further damages, such as pain and suffering or loss of life's pleasures.
Examples of possible negligent third parties in work injury cases include:
Your employer can require you to see a company doctor for the first 90 days after your first medical treatment, as long as they provide a list of at least 6 providers. After the first 90 days, you are permitted to receive treatment from any doctor you choose.
Many injured workers may get frustrated and give up after a denied claim, but don't lose hope. You can file an appeal within 20 days of receiving your denied claim letter. The appeals process is difficult and complex, but an experienced work injury lawyer can help you get the benefits you need.
While you're not required to have a lawyer, it would be wise to at least speak with one about your options. The insurance company is going to have their own lawyers who are knowledgeable in how the Workers' Comp system works and they're skilled at finding reasons to deny coverage. In most cases, claims and appeals are far too complex to deal with on your own.
Lawyers fees are calculated as a small percentage of your total paid benefits. At The Disability Guys Pennsylvania, we operate on a contingency fee basis, meaning you owe us nothing unless we secure payment for you. Additionally, we'd be happy to evaluate your case for free in an initial consultation.
It's best to meet with a lawyer shortly following your injury. Many injured workers don't do this until they've already received a denied claim letter, but having an experienced work injury lawyer in your corner dramatically increases the chance that your claim will be accepted the first time.
The insurance company may offer you a lump sum settlement, but you should not accept it without first speaking with a lawyer. The dollar amount may be tempting, but these settlements often fall well short of the total benefits you'd receive through weekly payments.
Yes, both part-time and seasonal employees are entitled to the same Workers' Compensation benefits as full-time workers.
If a preexisting condition was made worse by your job duties, then you qualify for Workers' Compensation. However, preexisting conditions in and of themselves are not covered. In these cases, you must provide detailed medical evidence that your condition worsened because of your work conditions. This can be hard to do, but an experienced legal team with reliable contacts in the medical field can help.
In Pennsylvania, you technically have up to 120 days to file a report after a work injury. However, your payments will likely be delayed if you wait this long. Generally, you should file a claim within 21 days to limit the risk of complications. However, it's best to file the claim much sooner - immediately after your injury, if possible.
Some employers try to weasel their way out of providing Workers' Comp and other benefits by classifying their employees as independent contractors. If you work for a boss-like figure and your job duties resemble those of an employee, you may be a victim of this type of fraud.
Independent contractors are permitted to file a lawsuit against anyone involved in their work injury. Whether you're a legitimate independent contractor or a misclassified one, you should discuss all of your options with an experienced lawyer.
Insurance companies may present themselves as well-intentioned institutions looking out for injured workers, but this is very rarely the case. Insurance companies make revenue by denying as many claims as they possibly can. Unfortunately, many workers who suffer from serious work-related injuries get their claims denied because of this thirst for profit over all else.
These companies and their lawyers know how to work the system and take advantage of injured workers who choose to represent themselves. This is why legal guidance is so important in work injury cases. You need someone on your side who can protect you from the dirty tricks insurance companies like to play.
“I have been working since I was 14. I have probably held at least two dozen different jobs and I’ve seen people injured and hurt. One of the reasons I got involved with disability law is that I have a very good family friend who has been disabled his entire life, and I’ve seen how he’s struggled in order to keep working and try to work. When I was presented with the opportunity to get involved with what’s called “disability law,” I was really thrilled to be able to not only practice being an attorney, but helping other people who really need to know things about what their choices are, what they can do, and what their future may hold.
I am originally from Maple Glen, PA and is a life-long Eagles fan.
I have focused on helping individuals with their workers’ compensation, social security disability and long-term disability claims, as well as obtaining financial security for individuals who have had accidents.
As part of helping workers’ and their families, I have also been active in teaching continuing legal education courses to other attorneys, provide free seminars and webinars to the public on how to protect their rights, and I am active in various organizations such as the National Organization of Social Security Claims Representatives, the Injured Workers’ Bar Association and the Workers’ Injury Law & Advocacy Group.”
Brian Mittman, Esq.
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This week's accident roundup features: An accident involving two SEPTA vehicles in Philly A teenage boy loses his leg after being struck by a train An intoxicated Delaware County couple recklessly crashes into 3 parked cars If you've recently been injured in an accident caused by someone else, a personal injury lawsuit could help you […]
They kept my best interests at heart. Updates on a regular basis of the status of the case and returning of calls was much more prompt after I started dealing with the same lawyers and support team.
Danielle Dexter,
Workers Comp Client from Westchester County
I’m very satisfied with my law firm. I will always recommend Markhoff & Mittman firm to family and friends. It’s very important to have professional and supportive Law firm during your case.
Sevdija Lalicic
Workers Compensation Client
The Disability Guys Pennsylvania
Personal Injury Attorneys
145 Greenwood Ave Suite 400, Wyncote, PA 19095
Hours Of Operation
Monday - Open 24 hours
Tuesday - Open 24 hours
Wednesday - Open 24 hours
Thursday - Open 24 hours
Friday - Open 24 hours
Saturday - Open 24 hours
Sunday - Open 24 hours
Website: https://pa.thedisabilityguys.com/personal-injury/montgomery-county/
Phone: (215) 866-2018
Plus Code: 3VR5+QQ Wyncote, Pennsylvania
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