green checkmark Google Screened
1-800-222-USWA (8792) Write A Review Call Us Text Us Write A Review
Live Operator
Español

  • Contact Us Today

    • This field is for validation purposes and should be left unchanged.
    • This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

    North Philadelphia Workers’ Compensation Lawyers

    Workplace accidents are one of the leading causes of injuries and often result in extensive medical treatment, lost income, or permanent disability. Workplace injuries are defined by the Pennsylvania Workers’ Compensation Act as injuries to employees arising out of the course of employment, regardless of previous physical conditions, including death.

    At Galfand Berger LLP, we are not just seasoned North Philadelphia Workers’ Compensation lawyers, but also your dedicated partners in seeking benefits and third-party compensation for work-related injuries. If you have been injured or lost a loved one in a workplace accident, our legal team is here to guide you through the complex Workers’ Compensation insurance system.

    What Do Workers’ Compensation Benefits Cover?

    Pennsylvania employers are required to carry Workers’ Compensation insurance, providing comprehensive coverage for employees in the event of workplace accidents. Workers’ Compensation benefits cover total and partial wage loss and medical costs.  In cases of a work related death, it covers funeral expenses up to $7,000.

    In Pennsylvania, it is crucial to understand that Workers’ Compensation does not cover certain conditions and damages. These exclusions include pain and suffering, loss of quality of life or consortium. Awareness of these limitations empowers you to make informed decisions about your legal options. Depending on the accident’s circumstances, you may be able to recover compensation for these and other damages if a third party is responsible for the accident, such as the manufacturer, for injuries caused by a defective product.

    What Are the Most Dangerous Professions?

    The Occupational Safety and Health Administration (OSHA), the federal agency responsible for regulating workplace safety, identifies the following as the most dangerous professions:

    • Agricultural and farming
    • Airline
    • Construction and roofing
    • Logging
    • Manufacturing
    • Refuse, waste, and recycling
    • Structural ironworks and steel
    • Trucking and delivery
    • Underground mining
    • Warehousing and stockyards

    What Is Not Covered by Workers’ Compensation?

    While Workers’ Compensation covers a broad range of injuries and illnesses, there are certain accidents and circumstances that you cannot receive benefits for, including but not limited to:

    • Self-inflicted injuries caused by intentional behavior.
    • Injuries that result from personal animosity.
    • Injuries that that are caused by intoxication of use of illegal drugs.
    • Unrelated accidents and injuries that occur somewhere other than the workplace.

    Are Certain Workers Excluded From Workers’ Compensation Coverage?

    Pennsylvania employers are required to provide Workers’ Compensation insurance coverage to full and part-time employees and seasonal workers, though certain workers can be excluded, including:

    • Agricultural employees who work less than 30 days or earn less than $1,200 annually.
    • Domestic servants include personal housekeepers, maids, nannies, gardeners, or cooks.
    • Federal employees, longshoremen, and railroad workers are covered under other Acts.
    • Independent contractors that are not considered employees.
    • Sole proprietors and business owners.
    • Conscientious objectors who request exemption from Workers’ Compensation coverage for religious purposes.

    Additionally, Pennsylvania allows executive employees to be covered by Workers’ Compensation benefits but has the option to exclude themselves. Choosing exemption is often beneficial to lower overall company expenses and insurance premiums; however, it puts executives at risk should a workplace injury occur.

    What Are Common Workplace Injuries?

    The National Safety Council reports an employee is injured at work every seven seconds. Some common injuries include:

    • Burns
    • Broken bones
    • Head and brain injuries
    • Inhalation injuries
    • Crushing
    • Electrocution
    • Fall injuries from heights
    • Overexertion
    • Repetitive motion injuries
    • Slip and fall injuries
    • Injuries from being struck by a falling object
    • Motor vehicle accident injuries

    When Should I File a Workers’ Compensation Claim?

    Though you should immediately notify your employer following a workplace injury, you have 21 days to report it to receive your full Workers’ Compensation benefits.  If you report an injury after 21 days but before 120 days, you can receive benefits from the day that you report the injury.  If you report the injury more than 120 days from the day of the injury you may be barred from receiving benefits.

    Employers are required to file a Notice of Compensation Payable and Statement of Wages with the Pennsylvania Department of Labor detailing your job description, wages, and injuries and provide you with a copy.

    What Should I Do if I am Injured in a Workplace Accident?

    Workers’ Compensation claims require extensive documentation regarding the circumstances of the accidents and your related injuries. If physically able, you should take the following steps after a workplace accident:

    • Report the accident to your supervisor, manager, or employer as soon as possible to file an accident report, which is usually required.
    • Take photos of the scene, your injuries, conditions, what caused the accident, and any other relevant information.
    • Ask witnesses for contact information and statements.
    • Seek medical attention immediately following the accident, even if your injuries appear to be minor.
    • Keep all records, documents, copies of forms, expenses, and correspondence related to the accident and your injuries.
    • Most importantly, consult an experienced lawyer familiar with the complexities of Workers’ Compensation law, handling insurance claims, and negotiating maximum settlements.

    How Long Do I Have to File a Workers’ Compensation Claim?

    In Pennsylvania, the statute of limitations for filing a workers’ compensation claim generally includes the following key timeframes:

    • Notice to the employer: An injured worker must notify their employer about the injury within 120 days of the date of the injury. Failure to notify the employer within this period can result in losing the right to Workers’ Compensation benefits.
    • Claim petition: A claim petition must be filed within three years from the date of the injury. If the employer or the Workers’ Compensation insurance carrier has paid any benefits, this can sometimes extend the filing deadline.
    • Occupational diseases: For occupational diseases, the claim must be filed within three years from the date of disability or the date the worker knew or should have known that the disability was related to their employment, however, the disability must occur within 300-weeks (about 5.75 years) of the last date of employment in which the claimant was exposed to the hazardous condition.

    Can Workers’ Compensation Claims Be Denied?

    If you claim is denied you have 3 years from the date of injury in which to file a Claim for benefits.  If you receive an adverse Decision from a workers’ compensation judge you are entitled to file an appeal to the Workers’ Compensation Appeal Board within 20 days of the Decision. If the appeal is upheld, you have 30 days to file another appeal with the Commonwealth Court. Should that appeal also be denied, your case may escalate to the Pennsylvania Supreme Court.

    Why Choose Galfand Berger LLP for Your Work Injury Case

    You are not required to retain a Workers’ Compensation lawyer following a workplace accident; however, Workers’ Compensation law is complex, and you are more likely to recover full benefits with legal representation. A knowledgeable and experienced lawyer at Galfand Berger LLP can investigate the accident, interview witnesses, ensure proper filing, determine if you are eligible for third-party damages, and help you navigate the intricacies of the law. If your claim is denied, your lawyer can handle your appeal.

    Galfand Berger LLP has been helping injured workers and their families for over 75 years. Our lawyers are committed advocates for those whose lives have been altered by workplace injuries. Our experienced attorneys have a proven track record of securing substantial results for injured workers, ensuring you receive the compensation you deserve. Our personalized approach and commitment to client advocacy mean you will receive dedicated and compassionate representation throughout the legal process.

    Our North Philadelphia Workers’ Compensation Lawyers at Galfand Berger LLP Help Injured Workers Secure Benefits

    If you have been injured in a work-related accident or have questions regarding your rights, our experienced North Philadelphia Workers’ Compensation lawyers at Galfand Berger LLP can review your case. Call 800-222-USWA (8792) or contact us online to schedule a free consultation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we serve clients in Pennsylvania and New Jersey, including Allentown and Harrisburg.