Pennsylvania Workers' Compensation Attorneys
Getting injured at work can cause a lot of anxiety. What will happen while you’re recovering from your injuries? How will you pay your bills? Who will pay the medical expenses? Will you be fired from your job because of the accident?
At Fellerman & Ciarimboli, we have a very experienced team of workers comp lawyers that has handled all types and sizes of workers compensation claims, including total permanent disability, wrongful death, carpal tunnel claims, and loss of limb. We understand that not being able to work has you anxious and you’re afraid of what the future may hold for you. That’s why our Pennsylvania workers’ compensation lawyers work day and night to make sure your claim is approved and you receive the compensation you need to comfortably live on until you are able to get back on your feet and join the workforce again.
The Pennsylvania Workers’ Compensation Act
In 1915, Pennsylvania enacted the Pennsylvania Workers’ Compensation Act. Under this act, workers who are injured while on the job can receive special compensation despite who may be at fault for the accident. The act is meant to protect both employers and employees – workers can receive medical treatment and are compensated for lost wages while employers provide the cost while being protected from a potential lawsuit by the employee.
The benefits available to an injured worker include:
- Medical expenses: Such as surgery, doctor visits, medication, and lab tests
- Partial or total disability payments: For employees who are unable to work in either a full capacity or not at all
- Permanent injury: If you lost a body part, such as an arm or leg
- Death benefits: To be paid to the spouse and minor dependents if the employee dies from a work-related injury or illness
The law also states that employers must have workers’ compensation coverage or be subjected to not only lawsuits from their own employees but criminal prosecution for the Commonwealth.
In 2018, Governor Tom Wolf signed a bill that allows an employer’s insurance provider to request that the injured worker undergo a medical assessment after two years out of the workplace due to injury.
If the physician finds that the worker is less than 35% injured at the point of examination, the insurer can cap partial benefits at 10 years. However, if the injury is at more than 35%, the workers can receive full, lifetime benefits.
It is important to remember that the benefits are not a guarantee–the employer and insurer can still limit how long an injured worker receives compensation.
The Workers’ Compensation Process
It may seem like a simple concept -- you are injured at work, you receive benefits, your bills are paid -- but the process is much more complicated. The insurance company can deny your claim by just filling it out incorrectly or not following the proper procedures following your injury.
First, you should know that if you've been injured in a workplace accident, you need to seek immediate medical attention. You also need to inform your employer within 21 days of the injury. If you wait more than 120 days, your claim could be barred.
Once informed, the employer and the insurer will then investigate the accident. Within 21 days, they will make a determination of whether to approve or deny your claim. You may be required to see a health care provider designated by the insurance company to be examined at any time in the process.
What If Your Claim Is Denied?
If your workmans comp claim is denied, you can appeal the decision. You will need to file a petition within three years of the denial to have your case heard by a judge. At this hearing, you will need to present evidence, attend all the hearings as well as any mediation sessions that may occur.
This is why it's essential to have a workers’ compensation attorney from Fellerman & Ciarimboli by your side. We can prepare the appropriate documents, make sure all forms are filed within the time limit, speak to witnesses, gather evidence, hire experts, and negotiate with the insurance company and make sure you are properly compensated for your injuries.
Workers’ Compensation Myths
The workers’ compensation process can be frustrating and confusing. Many people often feel fearful of claiming workers comp for fear of retaliation.
"You need to know that your employer cannot fire you just for filing a workers' compensation claim. "
Some employees also believe that their employer is telling them everything there is to know about the workers’ comp process--this is not always true. While you are out on injury, you become not only a work injury liability, but a loss of wages issue, too. Be mindful that while you would hope your employer is looking out for your best interest, that may not be entirely true.
That’s why you need the experience of a compassionate and understanding workers’ compensation law firm to guide you through the process.
Don't File Alone! Contact Our Pennsylvania Workers’ Compensation Lawyers Now!
If you were injured in a workplace accident or suffered an illness due to your job, don't act alone. Contact our Pennsylvania workers’ compensation lawyers today and see how we can assist you with your claim. Remember, Fellerman & Ciarimboli serves clients in Philadelphia, Scranton, Wilkes-Barre, and throughout the Keystone State. We fight for the injured.
Join us for Walk-In Wednesdays from 9:30 AM to 3:30 PM at our convenient locations in Honesdale, Berwick, and Scranton. If you find yourself in need of legal advice, our dedicated team of attorneys is here to assist you at no cost. Take advantage of this opportunity to address your concerns and get the guidance you need. Your legal questions deserve answers – visit us on Wednesdays and let us help you navigate your legal matters with confidence.