We have a contingency fee agreement with all of our Workers’ Compensation and Personal Injury clients. Our fee is based on a percentage of what we obtain for you, and we will not charge you any fee unless and until we settle your case, prevent the loss of your benefits, or obtain benefits for you.
At the Law Office of Deborah M. Truscello, we stand by your side with trustworthy advocacy as you navigate the complexities of workers’ compensation claims. With years of experience in supporting the hard-working residents of Upper Darby, PA, we understand the challenges you face when an accident at work turns your life upside down.
Workers’ compensation is a state-required insurance program that provides compensation to employees who suffer job-related injuries. In Pennsylvania, the Workers’ Compensation Act ensures workers receive medical treatment and wage loss benefits during recovery, without needing to sue. This system is based on a trade-off where injured employees relinquish the right to sue their employers for negligence in exchange for receiving workers’ comp benefits, regardless of who was at fault for the injury.
According to Pennsylvania Workers’ Compensation law, you may be eligible to receive the following benefits, including:
Medical Benefits: Injured workers receive necessary medical care for their work injury. If the employer has a properly posted and compliant list of providers, treatment may be limited to that list for the first 90 days. Otherwise, workers may choose their own provider.
Wage Loss Benefits: If an employee is unable to work because of their work-related injury or illness, they may be eligible for benefits to replace lost wages, which typically amount to a portion of their average weekly wage.
Partial Disability: Available when an injured worker is medically able to perform some work but earns less than their pre-injury wages. These benefits are limited to 500 weeks under Pennsylvania law.
Total Disability: For workers completely unable to work. After 104 weeks of total disability benefits, an insurer may request an Impairment Rating Evaluation (IRE). If impairment is found to be less than 35%, status may change to partial disability, limiting wage-loss benefits to 500 weeks, though medical benefits continue.
Specific Loss and Disfigurement Benefits: If an employee sustains a permanent injury such as the loss or loss of use of a body part, vision, or hearing, or suffers serious disfigurement, they may be entitled to specific benefits under Pennsylvania law.
Death Benefits: If a worker dies from a workplace injury, eligible dependents may receive benefits. For deaths caused by occupational diseases, the death must occur within 300 weeks of the last workplace exposure.
To be eligible for these Pennsylvania workers’ compensation benefits, it must be established that the injury or illness is work-related and occurred in the course of employment. This includes injury sustained on work premises during working hours, as well as certain situations where an employee may be working off-site or traveling for work.
Eligibility for workers’ comp benefits in Pennsylvania is broad, covering most workers under the Workers’ Compensation Act. If you work in Upper Darby and suffer an injury or illness related to your job, you may qualify for benefits. This can include full-time, part-time, and seasonal workers. In some cases, individuals classified as independent contractors may still qualify if they are found to meet Pennsylvania’s legal definition of an employee. However, there are exceptions based on the type of employment and the nature of the claim, making the guidance of an experienced workers’ compensation attorney like Deborah M. Truscello invaluable.
To ascertain whether you qualify for workers’ comp, consider the following criteria:
Employment Status: Most employees are covered once they begin work, provided the injury occurs in the course and scope of employment, but there are some exceptions, such as for federal employees, longshoremen, railroad workers, and others who may be covered under different federal laws.
Nature of the Injury: The injury or illness must have occurred as a result of, or in the course of, employment activities.
Timeliness of Reporting: Reporting the accident to your employer in a timely fashion is critical to preserving your rights and benefits.
Proper Filing of Claims: A claim must be accurately filed, adhering to Pennsylvania’s legal requirements and timeframes.
If you have any doubts about your eligibility for workers’ compensation or are unsure how to proceed with a claim, it is always wise to seek the advice of an experienced attorney.
Under Pennsylvania law, workers’ compensation covers a wide range of work-related injuries. If you are an injured worker, you may be entitled to benefits regardless of fault. Common examples include:
Slip and Fall Accident: This can happen in any setting and may lead to sprain, fracture, or more serious injury.
Car Accident: If your job requires driving and you are hurt while performing work duties, your workers’ compensation case may be covered.
Repetitive Motion Injury: Conditions like carpal tunnel syndrome or chronic back pain from repeated tasks are often eligible for benefits.
Occupational Illnesses: If you develop a disease due to exposure to chemicals, toxins, or unsafe conditions at work, you may have a valid claim.
Traumatic Injury: This includes burns, electrocution, and other severe injuries that happen suddenly on the job.
Our legal team understands how an insurance company may try to limit your claim. Our attorneys work to ensure your work injury receives the settlement you deserve under the law. Speak with our experienced lawyers today to protect your rights.
While workers’ compensation covers most workplace injuries, some cases also involve legal issues that go beyond the workers’ comp system. If you were injured due to someone else’s negligence, such as a third-party vendor, a property owner, or a defective product, you may be able to file a personal injury case in addition to your workers’ comp claim. This is only possible against third parties, not your employer, under Pennsylvania law.
Our law firm understands that serious injuries like spinal cord injury, brain injury, or other physical injuries can lead to extensive medical care and financial strain. In these personal injury cases, we pursue financial damages for medical bills, emotional distress, lost income, and the long-term impact of severe injuries. This dual approach ensures injured clients have the chance to recover maximum compensation under both legal paths.
Attorney Deborah M. Truscello is an experienced personal injury attorney and workers’ compensation lawyer in Upper Darby, PA. Our law firm provides experienced legal representation and guides clients through every step of the legal process. From gathering evidence and consulting with medical experts to handling insurance companies and preparing for trial if needed, we are committed to achieving justice for our clients.
Reach out now for your free consultation to start on the path to restoring your peace of mind. Call (610) 892-4940 to secure the Truscello way – a personal and unyielding representation that has made a meaningful difference for countless injured workers in Upper Darby, PA. Trust us to be the tenacious legal partner you need in navigating the complexities of workers’ compensation cases. With the Law Office of Deborah M. Truscello, you’re not just a case number; you’re part of our commitment to justice and fair settlement.
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