how do you know if you need a pennsylvania workers’ compensation attorney?

One of the most basic rules is that you must have been injured on the job to qualify for Pennsylvania work comp benefits. In addition, there are times when you should definitely contact an experienced workers' compensation attorney: Your supervisor refuses to file an accident report of your work injury

Full Answer

Do I need a workers'compensation attorney in Pennsylvania?

It's about business and the bottom line to your employer's insurance company. We're concerned about your quality of life. If you were hurt on the job and are wondering whether or not you need an attorney, we can help. Call 412-394-1000 or fill out the form to the right for a free legal consultation. We're available 24/7.

When do you need a workers comp attorney?

The bottom line is that if you injure yourself at work, we strongly encourage you to hire the law firm of Pearson Koutcher to represent you in your claim. Our Pennsylvania workers’ compensation lawyers are experienced, hard-working, and compassionate. We won’t strike out, we won’t commit errors, and we might just help you hit a home run.

Who is covered by the Pennsylvania Workers’ Compensation Act?

Oct 01, 2021 · To obtain a certificate of non-insurance, contact the Pennsylvania Compensation Rating Bureau, United Plaza Building, Suite 1500, 30 S. 17th St., Philadelphia, PA 19103-4007, Phone: 215-568-2371. Current versions of Pennsylvania's various workers' compensation Rules and Regulations and Statements of Policy are available.

How long do I have to file a workers'compensation claim?

Apr 18, 2022 · By Dennis L. Plank, Attorney When workers are hurt on the job, they are often entitled to Workers’ Compensation. The Pennsylvania Workers’ Compensation Act defines a work injury as any injury, medical condition, or disease that is caused by a person’s employment, but it doesn’t list specific types of injuries. If the injury or resulting illness is directly related to the …

How long can you stay on workers comp in PA?

The PA Workers' Compensation Act allows the injured worker to collect partial disability benefits for up to 500 weeks or 9.6 years. As a result, the injured worker can receive up to 11.6 years of Workers' Compensation wage loss benefits.

How long does it take to settle a workers comp case in PA?

On average, however, most cases are finished within 18 months, and then it takes more time for the judge to make a decision. Depending on the judge, you may have to wait for an additional 8 to 12 months.

Can you sue your employer for negligence in PA?

General Rule In Pennsylvania Under the Pennsylvania Workers' Compensation Act, you cannot sue your employer or co-workers for negligence in causing your injury.

Can you be fired while on workers comp in PA?

The short answer is “no.” It is prohibited by Pennsylvania's workers' comp law to fire employees in retaliation for: Reporting a workplace injury or illness; Filing a workers' compensation claim; Winning a claim; or.Aug 19, 2020

Can I get disability after workers comp settlement?

Individuals who settle a workers' comp claim do not forfeit their legal rights to SSDI. There will be an offset if combined benefits exceed 80% of a person's average current earrings before disability began.Feb 24, 2022

How long does it take to get workers comp settlement check?

While there's no enforceable rule on how soon the settlement check is to be released after expiration of the 30 days, it's typically one to two weeks.

What can I sue my employer for for Pennsylvania?

If, for example, your employer's actions were particularly egregious or showed a willful intent to harm, you may file a personal injury lawsuit on those grounds. You may also file a lawsuit if your employer failed to purchase workers' compensation insurance.

Can I make a personal injury claim against my employer?

To claim against your employer, you need to be able to prove they acted negligently, causing your injury or illness. Suffering from a work-related injury or illness can be traumatic for even the most capable individuals, especially if the injury was not your fault.Jun 30, 2021

Can you sue your employer?

Any time an employee's employment rights have been violated, they are able to sue. This is to protect employees from retaliation, discrimination, and other violations of rights.

How does Workmans Comp Work in Pennsylvania?

The workers' compensation system protects employees and employers. Employees receive medical treatment and are compensated for lost wages associated with work-related injuries and disease, and employers provide for the cost of such coverage while being protected from direct lawsuits by employees.

How long do you have to report a work injury in PA?

120 daysImmediately report any work-related injury or illness to your employer or supervisor. In Pennsylvania, you have 120 days to let your employer know that you suffered a work injury. You have 3 years from the day you were injured to file a claim petition for an injury.

How to contact a workers compensation attorney?

In addition, there are times when you should definitely contact an experienced workers' compensation attorney: 1 Your supervisor refuses to file an accident report of your work injury 2 You are too hurt to go back to work but were denied workers' compensation 3 You received a petition to " Suspend, Modify or Terminate " your workers' compensation payments 4 You were asked to go on a " Vocational Interview " 5 You are being offered a light-duty job, but you're not recovered enough to work 6 You are being forced back to work, but you're still too injured 7 You are currently collecting workers' compensation but you're in danger of losing your benefits and payments 8 A representative from your employer's insurance company tries to attend appointments with your doctor 9 You received a letter in the mail threatening to stop your workers' compensation payments 10 You have been collecting workers' compensation payments for over 4 months, and you want to settle for a lump sum 11 The insurance company contacted you to offer a lump sum settlement 12 A job-related injury caused a scar on your head, neck, or face 13 Your injury left you with permanent loss of use of a body part, or required amputation – called "Specific Loss" 14 A defective product may have caused your injury, such as a tool or piece of machinery or work-related equipment

How long can you be off work in Pennsylvania?

In Pennsylvania, you may be able to receive workers' compensation payments if a doctor places you on medical leave from work for more than 7 days. To be paid for your first 7 days of missed work, you need to be off of work and under a doctor's care for at least 14 consecutive work days. If your workers' compensation claim is approved, ...

What is a specific loss?

Your injury left you with permanent loss of use of a body part, or required amputation – called "Specific Loss". A defective product may have caused your injury, such as a tool or piece of machinery or work-related equipment. If any of these scenarios applies to you, we strongly recommend getting in touch with us.

Do you have to be injured to get work comp in Pennsylvania?

One of the most basic rules is that you must have been injured on the job to qualify for Pennsylvania work comp benefits.

Where can I appeal a WC decision?

WC judge decisions can be appealed to the Workers’ Compensation Appeal Board and then to Commonwealth Court. You will be informed of appeal rights upon receiving the WC judge’s decision.

Who is required to report disability benefits?

Under the Act, any worker who has filed a petition for total or partial disability benefits or who is receiving such benefits is required to report, in writing to the insurer, any information that is relevant in determining entitlement to, or amount of, compensation including, but not limited to, information

What happens if you receive unemployment benefits?

If, after you begin to receive benefits, your employer has evidence to prove that employment is available to you, within your medical restrictions and in your local area , you may receive an offer of employment.

Who is responsible for advising workers of their rights and duties under Section 306(f.1)(1)(i)

Employers are responsible for advising workers of their rights and duties under Section 306(f.1)(1)(i) of the Act. The written notice of these rights and duties is to be provided to the employee at the time of injury or as soon after the injury as is practicable.

What is alternative dispute resolution?

In alternative dispute resolution, a WC judge helps the parties settle the case by talking through their differences. Alternative dispute resolution may take the form of mediation, settlement conference or informal conference.

What is a work injury in Pennsylvania?

A "work injury" is any injury, medical condition or disease that is caused by a person's job , according to Section 301 (c) (1) of the Pennsylvania Workers' Compensation Act, 77 P.S. §411 (1). The Act does not list specific types of injuries, other than the requirement that the condition must be related to the worker's employment.

What is considered a work injury?

This means that everything from broken bones to strains and sprains to latex allergies to hepatitis may be considered a work injury.

What is the average weekly wage?

The average weekly wage is generally 2/3rds of the amount a worker had earned before getting hurt on the job. There are exceptions to this rule. For example, there is maximum benefit rate, so highly-paid workers often receive less than 2/3rds of their average weekly wage.

Do you need an attorney for workers compensation?

Yes. The insurance company will have a lawyer and you will be at a severe disadvantage if you do not retain a lawyer as well. The law is very complicated and it is extremely difficult to win a case without an attorney. Attorneys who concentrate their practices in workers' compensation know the law and procedures.

What is concurrent employment?

Also, it is crucial for you to report any income from jobs that you performed other than the job where you were injured (this is called "concurrent employment"). You may be entitled to a higher workers' compensation rate based on the income from this concurrent employment.

Can an employer fire you for workers compensation?

However, an employer cannot fire you or lay you off solely because you made a workers' compensation claim. In addition, an employer does not have to maintain your health insurance or other benefits while you are receiving workers' compensation benefits.

Can you sue someone for pain and suffering?

Yes. In many cases, you can file a lawsuit for your pain and suffering against persons or companies whose negligent conduct caused your injuries. Often, injured workers file products liability, motor vehicle or slip and fall claims, so it is important to speak with an attorney about these claims as soon as possible.

How long does it take to file a workers compensation claim in Pennsylvania?

In Pennsylvania, the statute of limitations for workers’ compensation claims is three years from the date of injury. Read more here.

How long do you have to report a worker's compensation claim?

Ideally, you should contact a workers’ compensation attorney as soon as an injury occurs to prevent any ramifications. By law, you have 120 days to report an injury to your employer. Read more here.

What are the benefits of a symlink?

Your benefits may include: Lost wages for missed work. Medical expenses reasonable to treat the injury or illness. Benefits to cover a specific loss, such as a limb or the ability to use it. Payment for severe disfigurement or scars.

When to report an injury to your supervisor?

It is extremely important that you report your injury to your supervisor or employer IMMEDIATELY after your injury, even if the injury doesn’t cause you to miss work or seem that bad. When reporting, you must include the date, time and circumstances of your injury. Read more here.

What is lump sum settlement?

Most minor to moderate injury cases are settled with a lump-sum payment—a type of settlement that offers one large amount to the injured worker rather than weekly payments for lost wages. You can also negotiate a lump-sum settlement rather than continuing to receive weekly permanent disability payments. Read more here.

Can an employee get workers compensation?

What is workers’ compensation? In general, an employee with a work-related injury or illness can get workers’ compensation benefits regardless of who was the one at fault, whether that’s the employee, the employer, a customer or a third party. Read more here.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

When is a settlement final?

When an employee represents himself or herself, the settlement is not final until the judge approves it. They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it.

Can SSDI be reduced?

You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, ...