Legal•Info

Pennsylvania Workers Compensation Lawyer

Call (888) 966-9241 to speak with a workers compensation attorney.

Employers in Pennsylvania are required by law to carry workers' compensation insurance. Workers' compensation is a type of insurance that provides restitution for medical care for employees who are injured while in the place of employment. In exchange, the employee forfeits the right to sue the employer under the umbrella of negligence. Plans fluctuate according to different state court districts, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the dependents of workers who were killed as a type of life insurance.

There are certain medical conditions that are not covered under Workers' Compensation Insurance, those are:
cardiac arrest
repetitious mental trauma
everyday natural disease
intoxication
willful attempt to harm oneself or others
injury sustained during off-duty social activity
horseplay on the job that causes an injury

If you have filed a claim but have been denied, you will most likely need the services of a workers' compensation attorney. The workers' compensation system allows you to file an appeal of your denial. This puts the case in front of an administrative judge. The judge will decide if the denial is proper or if the employee should receive benefits. The state of Pennsylvania caps the fees that an attorney can charge in workers' compensation cases at 20 percent. Most, if not all, attorneys will take your case on a contingency basis. This means you pay nothing unless they win your case. Your attorney will then take 20 percent of your lost wage and final settlement award.

Your employer should post a notice outlining the procedure any injured worker should follow after an injury or accident. For example, if you were to slip and fall at work, you should report the incident, even if the pain is not immediate. In fact, you may not realize for a day or so that you are injured., but filing any accident is necessary. Failure to report the incident can lead to big problems when you try to file for benefits.

Dealing with an insurance claims adjuster on your own can be extremely challenging. They will attempt to get you to give a taped statement over the phone before they issue a denial or approval for your claim. The problem here is that failure to cooperate can lead to a denial, while cooperating puts your statement on the record. Claims adjusters are trained to deal with the needs of claimants, but they're also trained to look into any fraudulent aspects of a claim. Filing and researching your claim in its entirety before contacting a lawyer attorney presents you and the lawyer attorney with the chance to come up with a knowledgeable, thorough case to present. Without fully understanding your rights, you could say something that damages your case and comes back to haunt you later on.

When you have a lawyer attorney, you do not speak to the insurance company. They handle all that for you. This claims adjuster will probably set up an independent medical exam for you. This will be a doctor paid for by the insurance company. This doctor will likely downplay your injury or offer an alternate explanation for how it occurred. These appointments are mandatory and the failure to attend could mean a loss of benefits. A workers' compensation lawyer attorney will walk you through the whole process and inform you of any important developments so that all your attention can be on recuperating.