A workplace injury or occupational illness can be life-altering. Most companies are required to carry workers’ compensation insurance for the benefit of their employees. If you find yourself encountering new challenges due to a work-related injury, a Philadelphia workers’ compensation attorney at The Law Offices of Greg Prosmushkin may be able to help you pursue a workers’ compensation claim.
With more than two decades of experience, we have helped Pennsylvanians pursue compensation for their workplace injuries. Our team will fight for your rights in order to get you the compensation you are entitled to. .
Will A Philadelphia Workers’ Compensation Attorney Help You?
According to the U.S. Bureau of Labor Statistics, over 1 million individuals each year take time off from work due to an accident or work-related illness. If you’re experiencing this, then Workers’ Compensation lawyers in Philly can fight for compensation; not just for medical bills, but also for loss of wages due to time off.
While many work-related injuries may qualify for workers’ compensation, it is almost impossible to get a fair settlement without a workers’ compensation attorney. Whether you suffered a back injury due to faulty equipment or have respiratory problems due to a toxin in your work, your best line of defense is to act according to the laws prevailing in your state.
Working of Workers’ Compensation in Pennsylvania
Employees who are injured may be entitled to lost wages through employer-paid insurance. However, some classes of employees are excluded from Pennsylvania’s workers’ compensation laws. If you are not sure whether you are entitled to receive workers’ compensation, you should contact an experienced Philadelphia workers’ compensation attorney.
If you were injured at work or are suffering from an occupation illness, you will need to take the following steps to secure benefits:
- Notify your employer within 120 days of your injury or illness.
- During the first 90 days, you must receive medical attention from your employer’s medical team. Thereafter, you can seek medical treatment with your own doctor.
- File a worker’s compensation claim to secure benefits.
- Your employer must notify their workers’ compensation insurance carrier about your injury. They will then approve or deny the claim.
Additionally, Pennsylvania workers’ compensation does provide death benefits to survivors of workers killed in a workplace accident or due to a work activity. The following individuals may be eligible to receive death benefits:
- Widow or widower
- Child under 18, or under 23 if attending university or trade school
- Physically or mentally incapacitated child of any age
- Parent who was dependent on the worker’s financial support
- A financially-dependent sibling who is either under 18, under 23 and attending school, or is incapacitated
The amount of death benefits available varies. Your attorney can help you understand how much compensation you can receive.
Exemption from Workers’ Compensation in Pennsylvania
PA law has a number of exemptions from workers’ compensation. Exclusions to coverage requirements includes the following:
- Federal workers
- Longshoreman
- Railroad workers
- Casual workers
- Persons who work out of their own homes
- Agricultural workers earning under $1,200 per year
- Sole proprietors
Additionally, some employees may request exemptions on the basis of executive status or religious beliefs in some organizations.
Unless all of its employees are excluded under the workers’ compensation laws, an employer must carry insurance for its workers’ compensation liability.
90-Day Rule For Workers’ Comp in Pennsylvania
After a workplace injury in Pennsylvania, workers must seek medical attention from a “panel physician” within 90 days of their injury. “Panel physicians” are a list of pre-approved doctors posted by the employer.
Workers’ compensation will cover the cost of treatment provided by a panel physician. However, if an injured worker chooses to see a different medical provider during this time workers’ compensation will not necessarily cover the costs.
How Are Workers’ Compensation Benefits Calculated?
There are various kinds of benefits that you can receive when you are injured at work. Medical expenses are the most important benefit that an injured victim may be entitled to after the accident. Other benefits can include lost wages.
According to the Department of Labor & Industry, in the year 2022, the maximum weekly benefits that will be given to an injured worker is $1,205. However, if a worker is earning less than $600.55, they will obtain 90% of their average weekly wage.
What is the Process to Recover Workers Compensation in Philadelphia?
Suppose you have been injured at your workplace. Some immediate steps are essential to follow:
- You must notify your employer when you get injured. You have a time of 120 days to inform your employer about your injury.
- Seeking medical attention from your employer’s medical team is the next step. After 90 days, you can seek medical treatment from your own doctor.
- File a workman’s compensation claim, as it will help you secure benefits under the prevailing worker’s compensation laws in your state.
- The employer must then inform the insurance company about the injured worker. The insurance carrier is given some time to accept or deny the claim.
Acceptance of the claim will mean that the worker gets compensated. All too often, though, claims are denied.
If a worker’s claim is denied, they are free to file an appeal.
Can I Recover Workers’ Comp If I’m In A Union Worker?
A union member may have additional health insurance accompanied by retirement benefits and hourly wages. Union workers, however, may face difficulties when they get injured at the workplace.
If you have sustained injuries that are preventing you from going to work, you may experience financial losses. A competent workers’ compensation lawyer from a reputable law firm will help you fight for your rights.
How Can Philadelphia Workers Comp Attorneys Help You Get Benefits?
Although the Workers’ Compensation system is designed to do away with fault and does not place blame on either employee or employer, some employers may be reluctant to recognize certain work injuries. In addition, some claims may be denied because it was not clearly shown that the injury occurred in the workplace.
For those who have been injured on the job, proficient Philadelphia Personal Injury Attorneys can remain at their side to help with all aspects of the case, including:
- Filing a claim
- Helping collect benefits from employers
- Assisting with getting you proper medical care
- Appealing a claim denial
Whether you are a blue-collar laborer or a white-collar office worker, injuries at work can be incredibly difficult to deal with. If you have suffered any type of injury at work, seek a reputable law firm that will help you get the benefits you need to aid in your recovery.
How Much Does It Cost to Hire a Workers’ Comp Lawyer?
Our Philadelphia workers’ compensation lawyers work on a contingency fee basis. Typically, you and your attorney will agree to a specific percentage, with payment contingent on you receiving compensation for your claim. The amount received by your workers’ comp lawyer, then, will depend upon the complexity of your claim, amount of compensation you receive, and other factors.
Before retaining workers’ compensation lawyers in Philadelphia, PA, you should ensure that you fully understand the fee agreement. Ask any questions that you have regarding fees, costs, and other terms prior to signing.
Injured Workers Have These Questions Lingering
What is worker’s compensation insurance?
Worker’s compensation insurance refers to one type of insurance that is available to employees who get injured while working. These benefits are in accordance with the Pennsylvania Workers Compensation Act. These insurance benefits are available for all the employees in Pennsylvania, with exceptions of certain groups and contract workers.
Is there a time limit to file a worker’s compensation claim?
Yes, there is a time limit, or statute of limitations, for filing a worker’s compensation claim. You must file within 3 years from the date when the injury happened.
Will you receive health benefits with a worker’s compensation claim?
An injured worker will receive compensation benefits for medical treatment. Other health benefits may not be covered in the worker’s insurance policy. It varies depending on the employment terms between the employer and the employee.
Do you have to use your company’s healthcare professional?
Generally, the injured worker may use the company’s healthcare professional for 90 days. However, this can vary. For more clarity on your specific situation, it’s key to discuss it with a Philadelphia worker’s compensation attorney.
If you are injured because of your employer but not at their location, are you eligible for benefits?
Yes. If you are injured while you were working within the scope of your employment terms, you may be awarded worker’s benefits. This is because you still got hurt while you were working for your employer.
Can you get fired after filing a worker’s compensation claim?
No, in Pennsylvania it is illegal for business owners or other staff to fire a worker for filing a worker’s compensation claim.
What is a third-party worker’s compensation claim?
A third-party worker’s compensation claim refers to reimbursement by a third party that is involved in the workplace tragedy. More specifically, you can file a third-party claim for manufacturing defects, drivers causing collisions while on the job, and others. In any case, it’s vital to prove the negligence of the third party.
If you are 17 years old and you suffered an injury at a part-time job, are you eligible to receive benefits even though you are not of age?
Yes. According to workers’ compensation law, employers must provide coverage for every employee regardless of the employee’s age or work hours.
Do you have to take a light-duty position if your employer offers it?
If you are receiving benefits and your employer is offering you a light duty position, you can decide to accept or reject the offer. Your employer can file a petition to reduce the lost income benefits you receive. However, your employer will continue to provide these benefits during the petition process.
If you are a sole proprietor with no employees, are you required to have workers’ compensation insurance?
The short answer is no. Sole proprietors are not required to have workers’ compensation insurance. However, if the sole proprietor is paying anyone as an independent contractor (IC), there’s a chance insurance may be required.
Contact An Experienced Philadelphia Workers Compensation Lawyer Today
Catastrophic injuries at work happen every day. Slips and falls or other work injuries can have a severe effect on your health and your finances.
Our team may be able to help you get the compensation you need. Contact our Workers’ Compensation Lawyers in Philadelphia, PA at the Law Offices of Greg Prosmushkin. Visit us online or call (215)-799-9990 to Schedule A Free Consultation and discuss your case today.