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.
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.
|1. 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.|
|2. 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.|
|3. 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.|
|4. 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.|
|5. 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.|
|6. 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.|
|7. 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.|
|8. 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.|
|9. 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.|
|10. 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) 673-7733 to Schedule A Free Consultation and discuss your case today.