For injured workers in Pennsylvania, workers’ comp offers essential benefits, paying medical bills and supplementing income after a workplace accident or illness. In most cases, it works as it should, helping injured workers heal so they can get back to work. But it’s not perfect. The employer’s workers’ comp insurance company may dispute or deny a claim. Or the injured party’s doctor says they can’t work, but the IME disagrees. An injured worker could use a serious legal advocate at times like this. At Saffren & Weinberg, our experienced Allentown work injury lawyers are here to protect the rights of injured workers so they can recover and move on with their lives.
Workers’ Comp Offers Important Benefits for Workers, But Has its Limitations
In Pennsylvania, workers’ compensation is mandatory for most employers. If you’ve sustained an injury on the job, you will most likely be covered under your employer’s workers’ compensation insurance. This will pay:
- Any of your reasonable medical costs, including surgery, hospital bills, prescriptions, doctor visits, rehabilitation, and other related expenses.
- A portion of your wages if you’re unable to work.
- Specific loss benefits if you’ve suffered a permanent or partial loss of your vision, hearing, or a limb.
- Disfigurement benefits for a permanent disfigurement of your face, head, or neck.
- Death benefits to your family if the injury has resulted in a fatality.
While there’s no doubt that workers’ compensation coverage offers significant benefits if you’ve been injured on the job, there can also be some drawbacks.
Who Does Workers’ Compensation Protect?
Workers’ compensation laws were designed to protect the interests of both the employee and the employer.
Your workers’ compensation claim allows you to recover compensation for nearly any type of work-related injury or illness, whether or not you were at fault for your injuries. The caveat? In exchange, you give up the right to file a lawsuit against your employer. You also won’t be able to recover compensation for non-economic damages such as your pain and suffering or emotional distress.
While these might not be an issue in a minor accident or injury, they could be a significant source of compensation if you’ve suffered a serious injury that will have a long-term impact on your life.
When Workers’ Compensation Can Be Challenging
When filing a workers ‘ compensation claim, there can also be significant challenges or obstacles. Consider these common scenarios:
- Your employer or their insurance company has denied your claim, claiming your injury wasn’t job-related.
- The workers’ compensation insurance company has delayed your medical treatments because of their expense or ongoing nature.
- Your injury is being blamed on a pre-existing condition.
- The insurance company is disputing your disability and has ordered an Independent Medical Exam (IME) by their own doctor.
- Your employer refuses to file your workers’ comp claim or is retaliating against you for filing a workers’ compensation claim.
- You will need structured payments and new job training because of your disability.
- You’re afraid of losing your SSDI benefits if you file for workers’ compensation.
- The insurance company is offering you a lowball settlement.
- A third party was involved in the accident, and you want to file a personal injury lawsuit against that party in addition to your workers’ compensation benefits.
- You’ve been denied benefits and want help appealing the decision.
- Your benefits have changed or stopped without reason.
In theory, a workers’ compensation claim should be a relatively straightforward process, but as you can see, that’s not always the case. Depending on the circumstances of the accident, the severity of your injuries, and the complexity of your case, you may benefit from getting the help of an experienced Allentown work injury lawyer.
How Your Allentown Work Injury Lawyer Can Help You in a Workers’ Comp Matter
Having the guidance of an experienced workers’ comp attorney gives you a better chance of obtaining the benefits you deserve for your injuries. Unfortunately, the insurance company is not looking out for your best interests. Your work injury lawyer will be.
An experienced workplace injury lawyer will take the helm, communicating with the insurance company on your behalf to ensure that your workers’ comp claim is comprehensive, and your settlement is fair. Your attorney will consider the strengths and weaknesses of your case and will determine what evidence will be needed to maximize your success. This evidence can involve:
- Gathering and organizing necessary medical records and documents to fully support your claim.
- Recommending or arranging necessary treatment with doctors.
- Obtaining opinions about your treatment and prognosis from your physicians or the IME.
- Consulting with and conducting depositions with medical experts regarding your condition.
- Obtaining vocational expert testimony about your job’s physical requirements.
- Obtaining statements from your family and friends about how your injuries have affected your daily activities.
- Representing you if you need to appear at a workers’ comp hearing.
- Filing a lawsuit against a liable third party.
- Showing evidence of poor workplace safety or lack of training in a workers’ comp lawsuit, if necessary.
When it’s time to reach a settlement with your employer’s insurance company, your workers’ comp attorney will already understand what your claim is worth. Based on the extent of your injuries, limitations you’ve suffered, current medical costs, and potential future expenses, your lawyer will negotiate to get the settlement you deserve, not just what the insurance company wants to give you. If a fair settlement can’t be reached through negotiation, your workplace injury lawyer will represent you at an administrative hearing or trial or help you appeal a decision.
We know that after a workplace injury, all you want is to recover and get on with your life. At Saffren & Weinberg, our skilled Allentown work injury lawyers have dedicated their careers to helping injured victims get the compensation they need and deserve so they can move forward. Let us do that for you. Call us at (215) 576-0100 to schedule a no-cost consultation or contact us online. You never pay unless we recover compensation on your behalf.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.
