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What is Workers’ Compensation?
Every state has passed Worker’s Compensation claims that help employees receive benefits after being injured at work. Worker’s Compensation has a variety of names, such as workers’ compensation, workman’s compensation, worker’s compensation, or work comp.
The Worker’s Compensation law requires workers to receive benefits after being hurt on the job. These benefits pay for lost wages, and medical expenses. Most states require that employers either carry insurance or can self-insure when they have a workers comp case against them. Other states make it a rule that you have to pay into a Workers’ Compensation Fund.
Workers’ compensation is known as a no-fault system. This means that no matter what caused the injury – employee’s negligence, employer’s negligence, or a combination of the two – workers that are hurt at work will receive benefits regardless of what the injury was caused by.
States are usually more in charge of regulating worker’s compensation laws rather than the Federal Government. However, workers such as railroad and maritime workers, are covered by the federal legislation. The Federal Employees’ Compensation Act (FECA) covers federal employees that are hurt on the job.
Is There a Time Limit for Filing a Workers’ Compensation Claim in Pennsylvania?
You have up 120 days to file your worker’s compensation claim to your employer, according to the Pennsylvania Department of Labor & Industry. You will most likely not be eligible for Worker’s Compensation benefits if you apply after that deadline. It will be in your best interest to file your claim as quickly as possible if you are hurt at work. Your employer then must submit your injury with the Workers Compensation Bureau. After reporting your injury, if the employer/insurance carrier denies your claim, you will have up to three years to file a petition against your denied claim.
What is Social Security Disability Insurance?
The federal program, Social Security Disability Insurance, also known as SSDI or SSD, provides benefits with an illness or injury, which led to a permanent disability that does not allow them to work. participants of SSDI or SSD have not reached their retirement age yet. Employees pay into the Social Security System in the form of an SS tax. This tax is known as a “FICA” offering.
How do I Know if I am Eligible to Receive SSDI?
It is not easy to be considered eligible for Social Security Disability. The Social Security Administration has strict guidelines on who is and who is not eligible. In order to be eligible for SSD Benefits, you must:
- Have sustained a job that was covered by Social Security for five out of ten years.
- Have a medical condition or injury that is expected to last for at least one year.
What is a Personal Injury?
A personal injury is a serious injury due to someone else’ negligence.
Personal injury law can involve many types of accidents such as:
What Types of Personal Injury Lawsuits are There?
Formal Lawsuit: Contrary to criminal cases, which are proposed by the government – a formal personal injury case usually begins when an individual (the “plaintiff”) files a civil “complaint” against another person, business, corporation, or government agency (the “defendant”,) asserting that they acted irresponsibly or carelessly in relation to an injury or accident that resulted in harm.
Informal Settlement: In many cases, disputes over fault for an injury or accident are resolved through what is referred to as an “informal early settlement.” Typically, the parties directly involved in the dispute are their attorneys and insurers representing both sides. A settlement is commonly presented via negotiation, which is then followed by a written agreement in which both parties refrain from any further action (such as a lawsuit), opting instead to resolve the issue through payment of an agreeable compensation.
Justice For Work Injury & Personal Injury Victims
If you have recently suffered an injury at work or even off the clock, you may be able to receive compensation. By consulting a knowledgeable attorney and learning about your rights, you will be able to take back control of your life.
Saffren & Weinberg can help you with your personal injury, workers’ compensation, or social security disability case. Contact us at 215-576-0100 to speak to one of our attorneys and receive your free case evaluation.
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