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.
Being injured on the job can have devastating consequences for Pennsylvania residents, and it is important that workers who find themselves in an accident that leads to injury get the compensation they deserve. Workers’ Compensation insurance is available throughout the state to protect workers from these types of accidents, and this type of compensation should always be sought in cases of injured workers.
What Workers’ Compensation provides is financial compensation to cover medical expenses and lost wages when a work-related accident occurs, and the vast majority of Pennsylvania workers are covered under Workers’ Compensation laws. If a worker is killed due to a work-related accident injury, their family may even be entitled to death benefits that cover lost wages, medical expenses, and funeral costs.
Deborah Truscello is an experienced workers’ compensation lawyer with decades of experience handling workers’ compensation cases for workers who suffer workplace injuries. She knows the Pennsylvania workers’ compensation law and how to deal with your employer or insurance company if you are injured on the job.
The workers’ compensation law in Pennsylvania is a system designed to provide financial protection and support to employees who suffer work-related injuries or illnesses. It ensures that employees receive necessary medical treatment and wage loss benefits in the event of an injury, regardless of fault. The law is in place to protect both employers and employees. For employers, it helps limit their liability by providing a no-fault system where injured employees generally cannot sue them for additional damages. For employees, it ensures they have access to medical care and income replacement while they recover from their work-related injuries.
The purpose of workers’ compensation is to provide a fair and efficient process for addressing work-related injuries, promoting workplace safety, and providing a safety net for workers who are injured on the job. It serves as a means to compensate workers for their injuries and maintain the overall well-being of the workforce.
Filing a workers’ compensation claim in Pennsylvania involves a series of steps and procedures that can be complex and overwhelming without proper guidance. The process typically begins with notifying your employer about the injury or illness within a specific timeframe. It is crucial to report the incident promptly to preserve your rights to benefits.
Once your employer is notified, they are responsible for initiating the claims process and providing you with the necessary forms to complete. It is essential to accurately and thoroughly fill out these forms to ensure a smooth and efficient claims process. Any errors or omissions could lead to delays or potential denial of benefits.
After filing a claim, the workers’ compensation insurance carrier will conduct an investigation to assess the validity of the claim. This may involve reviewing medical records, gathering evidence, and possibly scheduling an independent medical examination (IME). It is crucial to cooperate with the investigation and provide all requested documentation and information to support your claim. You will want your own workers’ compensation lawyer to be conducting an investigation as well to protect your rights and prevent the insurance company attempts to deny your claim.
Some industries have been proven to be more likely to lead to accidents and injuries than others in the state of Pennsylvania. Some of these occupations include:
Falls from heights, tripping over objects, or slipping on wet or uneven surfaces are leading causes of workplace injuries. This can occur in offices, construction work, warehouses, and other work environments.
Lifting heavy objects, repetitive motions, and improper ergonomics can lead to muscle strains, back injuries, and other musculoskeletal disorders. This is particularly common in jobs that involve manual labor, such as construction, manufacturing, and healthcare.
Being struck by falling objects, getting caught in machinery, or being injured by tools or equipment can result in severe injuries. This is common in construction sites, factories, and manufacturing plants.
Truck driving or transportation-related accidents, including car accidents, truck accidents, and forklift accidents, can occur while driving for work-related purposes. This is a significant risk for employees who regularly operate vehicles as part of their job duties.
Workers in industries such as manufacturing, construction, and healthcare may be exposed to hazardous substances, chemicals, or toxic materials, which can cause respiratory problems, burns, or long-term health issues.
Incidents of workplace violence, including physical assault or threats, can result in serious injuries. This can occur in various settings, including healthcare facilities, retail establishments, and customer service environments.
Electric shock, burns, and electrocution can occur when working with faulty wiring, exposed electrical components, or inadequate safety precautions. This is particularly relevant in industries such as construction and maintenance.
Injuries incurred can range from minor to severe. In cases of construction or warehouse-related injuries, lifting heavy objects or operating heavy machinery is the most likely cause of such accidents, and injuries will often be neck or back related. While these injuries may seem minor, they often take prolonged medical care and extensive treatments to remedy, which may lead a worker to find themselves unable to perform their job for an extended period of time.
Jobs that involve truck driving or the transportation of goods will often see the most severe injuries, and these injuries will sometimes prove fatal. Work-related traffic accidents are estimated to make up 22% of all occupation-related fatalities in the United States, and this high trend is seen in the state of Pennsylvania. In cases of injuries this severe it is crucial that surviving family members receive these benefits in order to compensate financially for the loss of their loved one.
All workers currently employed in the state of Pennsylvania, including part-time employees and seasonal employees, can be eligible to receive Workers’ Compensation should they become injured on the job. If for any reason an employer does not have Workers’ Compensation insurance, an injured worker may then apply for compensation through the Uninsured Employer Guaranty Fund in order to receive financial benefits.
Some situations may not be covered under Workers’ Compensation, however, and this includes situations of worker neglect or intoxication. If a worker intentionally harms themselves on the job they will be found to be ineligible to receive compensation for their injuries or lost time, and if a worker is found to be under the influence of drugs or alcohol, benefits will most likely be denied as well. For this reason, many employers will carry out regular drug testing to ensure their employees are not coming to work under the influence.
A person’s coverage under Workers’ Compensation insurance begins the day they begin working for an employer, and medical compensation will begin from the day the workplace injury occurs. In Pennsylvania, a person does not need to work for an employer for a set amount of time before they are covered by Workers’ Compensation.
In Pennsylvania, the workers’ compensation system is governed by the Pennsylvania Workers’ Compensation Act (Act 57 of 1996) and its subsequent amendments. This law outlines the rights and obligations of both employers and employees regarding work-related injuries and illnesses. Here are some key aspects of the law:
The Pennsylvania Workers’ Compensation Act covers almost all employees in the state, including full-time, part-time, seasonal, and even undocumented workers. Most employers are required to provide workers’ compensation insurance to their employees.
The law provides coverage for both accidental injuries and occupational diseases that arise out of and in the course of employment. This includes injuries resulting from a single incident (such as a fall or equipment malfunction) as well as injuries that develop over time due to repetitive motions or exposure to hazardous conditions.
Notice and Reporting
Employees must notify their employer of a work-related injury or illness within 21 days of its occurrence or within 120 days of the date the injury became known or reasonably should have been known. Failure to report within these timeframes may result in a loss of benefits.
Injured workers are entitled to reasonable and necessary medical treatment related to their work-related injury or illness. Employers have the right to designate a list of healthcare providers from which the injured employee must choose for initial treatment. However, in some cases, employees may be able to switch to a different provider within the employer’s network.
Workers’ compensation provides several types of benefits, including wage loss benefits, specific loss benefits, medical benefits, and death benefits. Wage loss benefits are generally two-thirds of the employee’s average weekly wage, subject to statutory maximums and minimums.
If a dispute arises between the injured worker and the employer or their insurance company regarding benefits, the Pennsylvania Workers’ Compensation Act provides a mechanism for resolving these disputes. This may involve mediation, administrative hearings before a workers’ compensation judge, and, if necessary, appeals to the Workers’ Compensation Appeal Board and the Commonwealth Court.
Statute of Limitations
In Pennsylvania, injured workers have three years from the date of the injury or the last payment of compensation (whichever is later) to file a claim for workers’ compensation benefits. Failing to file a claim within this timeframe may result in a loss of benefits.
It’s important to note that workers’ compensation laws can be complex, and specific provisions may vary depending on individual circumstances. Consulting with an experienced workers’ compensation attorney in Pennsylvania can provide you with a thorough understanding of your rights and help you navigate the claims process effectively.
Several different types of compensation may be rewarded under Workers’ Compensation insurance, and these types are:
Medical care – The costs of medical expenses incurred due to the injury will be covered by Pennsylvania workers’ compensation. These benefits begin from the time of the injury and will last until treatment is finished and recovery is achieved.
Death benefits – If the work-related accident is fatal, death benefits may be awarded to the worker’s family. These benefits may include medical compensation, funeral costs, and lost wages.
Specific Loss Benefits – If a person is left disfigured or seriously impaired due to a work-related injury, they may be entitled to specific loss benefits. These benefits will vary depending on the injury being considered.
Lost Wage Benefits – When a worker is injured on the job, they may be able to receive compensation for wages lost during the course of the injury, treatment, and recovery. These disability payments will depend on a person’s injury and they may be deemed temporary or permanent if a person’s injury causes them to be unable to work in the future.
Deborah Truscello knows how to represent injured workers and their workers’ comp claim. She will work to obtain compensation, disability benefits, permanent partial disability benefits, or permanent disability in a timely manner so you and your family can concentrate on your recovery and be relieved of the stress of mounting medical expenses.
If you sustain an injury at work, it is important to take prompt action. Notify your employer as soon as possible and seek medical attention for your injuries. Report the incident and provide all necessary details to your employer to initiate the Pennsylvania workers’ compensation process.
In Pennsylvania, your employer or their insurance company typically has the right to choose the healthcare provider for your initial medical treatment. However, after 90 days, you may have the option to see a physician of your choice.
You should report your work-related injury to your employer as soon as possible. Pennsylvania workers’ compensation law requires that you report the injury within 120 days to be eligible for workers’ compensation benefits. However, it is always best to report the injury promptly to ensure a smoother claims process.
If your claim is denied, you have the right to file an appeal and request a hearing before a workers’ compensation judge. It is recommended to seek the assistance of a skilled workers’ compensation lawyer who can help you navigate the appeals process and present a strong case on your behalf.
The timeline for receiving workers’ compensation benefits can vary depending on the circumstances of your case. After reporting your injury, your employer’s insurance company has 21 days to accept or deny your claim. If the claim is accepted, benefits should begin shortly thereafter. However, if the claim is denied or disputed, it may take longer to resolve the issue and receive benefits.
In Pennsylvania, workers’ compensation is a no-fault system, which means that you are generally eligible for benefits regardless of who caused the accident or injury. Even if your own negligence contributed to the accident, you may still be entitled to receive benefits, with some exceptions. An experienced workers’ compensation attorney will best be able to evaluate this matter.
While many employers will allow their employees Workers’ Compensation benefits voluntarily after a work-related accident, this is not always the case. Some employers may try to deny an injured worker the compensation he or she is entitled to, and in these cases the presence of a Pennsylvania Workers’ Compensation lawyer is necessary. Ms. Truscello will help a person to prove that they deserve compensation for their injuries, and to get a figure that will sufficiently match the injury incurred. Call (610) 892-4940 or fill out the form to set up your free initial consultation.
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