Workplace accidents are one of the most common causes of injuries. They can have devastating consequences, require extensive medical treatment, lead to lost income, and affect one’s ability to work. Workers’ Compensation provides necessary medical care and other benefits for work-related injuries and illnesses.
For over 75 years, Galfand Berger LLP has tirelessly fought for the rights of injured workers in Fox Chase to receive the valuable and necessary benefits to overcome work-related injuries.
Employers in Pennsylvania are required to carry Workers’ Compensation insurance, which protects workers and provides medical treatment for injuries sustained in workplace accidents. In addition to medical expenses, Workers’ Compensation benefits provide lost income, partial or total disability, specific loss, and death benefits.
Workplace injuries are common and range from minor to catastrophic and even fatal. According to the National Safety Council (NSC), one worker is injured every seven seconds in workplaces throughout the country. Workers’ Compensation covers a wide range of injuries, such as:
The length of time you will receive benefits depends on the type and severity of your injuries. You may receive benefits for a limited time period for certain injuries or indefinitely for others. If you suffered a permanent loss or function of a body part, such as fingers, hands, or eyes, you may qualify for specific loss benefits, which pay a certain number of weeks of benefits based on a schedule.
Under the Pennsylvania Workers’ Compensation Act, employers with at least one employee are required to purchase Workers’ Compensation insurance coverage for all full-time, part-time, and seasonal employees. Pennsylvania workers’ compensation does not cover certain categories of employees, such as federal government employees, railroad workers, and longshoremen. These employees may be covered by separate laws specifically for federal employees or longshoremen. Independent contractors are typically not covered. However, the law defining what or who constitutes an independent contractor versus an employee of a subcontractor is quite complicated, and you should consult with an experienced workers’ compensation attorney if you may be in that category.
Multiple parties may be responsible for your injuries, depending on the specific circumstances of your accident. You can seek compensation in addition to Workers’ Compensation through a third-party liability lawsuit. Potentially liable parties include:
To receive Workers’ Compensation benefits, you must report injuries to your employer within 21 days of the accident and injury. If you miss the 21-day deadline, you can still report the injuries up to 120 days of the injuries. However, benefits will only be received from the date of notice, not the accident.
Workers’ Compensation pays two-thirds of your average weekly wages up to a maximum state limit. To establish your correct wages and benefits, Pennsylvania employers are required to provide the Pennsylvania Department of Labor with a Notice of Compensation Payable and Statement of Wages detailing your job description, wages, and injuries. Employers are also required to provide you with a copy.
While you may receive unemployment compensation at the same time as workers’ compensation benefits, your employer will reduce your workers’ compensation by the amount of unemployment compensation benefits that you receive. As there are no taxes on workers’ compensation, it’s recommended that you do not file an unemployment compensation claim if you are receiving workers’ compensation.
Workers’ Compensation claims are often denied, typically for incomplete or inaccurate information in the application or missing the deadline. Other common reasons for denied claims include:
If your Workers’ Compensation claim is denied, you can file a Claim Petition to have your case heard by a Workers’ Compensation Judge. To ensure your claim is approved, you should work with an experienced Workers’ Compensation lawyer who understands the system and the proper information required for a successful claim.
Workers’ Compensation requires specific and detailed information regarding the accident and your injuries when applying for benefits. The more evidence you can gather at the time of the accident, the more substantial your application. If you are able, you should take the following steps after an accident:
A seasoned Workers’ Compensation lawyer will provide valuable support and legal guidance to help you navigate the complex legal system and claims process and pursue potential third-party claims. At Galfand Berger LLP, an attorney can manage the following on your behalf:
Galfand Berger LLP has been a dedicated advocate for injured workers for decades, securing hundreds of millions of dollars in compensation for clients.
If you suffered injuries in a work-related accident or have been denied benefits, the experienced Fox Chase Workers’ Compensation lawyers at Galfand Berger LLP will evaluate your case and discuss your options. Call 800-222-USWA (8792) or contact us online to schedule a free consultation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we also serve clients in Pennsylvania and New Jersey, including Allentown and Harrisburg.