If you’ve been injured at work, you’re already dealing with the physical and financial consequences of that injury. Fighting for the financial benefits you’re entitled to take away from the time and energy you should be devoting to your recovery. As an employee, you have legal rights. It may be time to consult with a work injury lawyer to help you protect them. The Lehigh Valley work injury lawyers at Saffren & Weinberg are here to help.
What Are Your Legal Rights as an Injured Employee?
If you’ve been injured at work in Lehigh Valley or anywhere in Pennsylvania, you have certain legal rights under our state’s workers’ compensation laws.
Your Right to Workers’ Compensation Benefits
Most Pennsylvania employers are required to carry workers’ compensation coverage for their employees. If you’ve been injured on the job or suffered a job-related illness, you have the right to receive necessary and reasonable treatment for this injury or illness through workers’ compensation.
Workers’ compensation benefits include:
- Medical benefits – These include hospital care, surgery, prescriptions, doctor visits, medical supplies and equipment, and rehabilitation. Your costs should be fully covered without any deductibles or copayments from you.
- Wage loss benefits – If your illness or injury has prevented you from returning to work or reduces your ability to earn a living, you are entitled to wage loss benefits equaling approximately two-thirds of your average weekly wages, tax-free.
- Specific loss benefits – If you have lost the use of part of your body or suffered permanent disfigurement to your head, face, or neck, you may be entitled to receive special benefits for these losses.
- Death benefits – If a job-related injury or illness has resulted in a fatality, an employee’s family may be entitled to receive death benefits to help them offset the expenses associated with their loved one’s death.
Your Right to Choose Your Own Doctor After 90 Days
While you may initially be required to see an employer-approved doctor in a workers’ comp claim, after 90 days, you have the right to see your own physician, provided you’ve notified your employer. This ensures you are completely comfortable with the quality of care you’re receiving and the prognosis you are getting.
Your Right to Refuse Other Work
If your employer offers you another position that doesn’t accommodate the new medical restrictions prescribed by your doctor, you have the right to refuse it without jeopardizing your workers’ comp benefits.
Your Right to Appeal a Decision
While your workers’ compensation claim can be denied by your employer or their insurer, you also have the right to appeal this decision. This will involve petitioning the Pennsylvania Bureau of Workers’ Compensation, requesting a hearing before a workers’ compensation judge to review your case.
Your Right to be Free from Retaliation
If you’ve suffered a work-related injury or illness, it is illegal for your employer to retaliate against you. This includes firing, demoting, harassing, or any other negative actions taken against you because you claimed or tried to file a claim for workers’ compensation benefits.
When you’ve been injured on the job, understanding your legal rights can be critical to getting the benefits you deserve. It may be time to get the assistance of a work injury lawyer.
How Can Lehigh Valley Work Injury Lawyers Help After a Work-Related Illness or Injury?
Workers’ compensation laws are designed to protect injured workers and provide critical assistance needed for their recovery. And in many cases, it works well for injured employees. But things don’t always go as designed, and many victims don’t get all the benefits they deserve. This is when having the guidance of a work injury lawyer can be especially critical.
When should you consider getting the help of work injury attorneys?
If Your Injury or Illness is Serious or Complex
If your work-related injury is particularly serious or complex and your claim has become complicated, an experienced work injury lawyer will be able to navigate these issues and advocate for your rights. Complicated injuries can result in long-term disabilities or permanent impairments, and an experienced work injury lawyer can help you seek all potential forms of compensation for your damages.
If There Are Disputes Over Your Claim
If you’ve been denied benefits or you disagree with your disability rating or the level of benefits offered, your work injury lawyer can help gather evidence in support of your claim and represent you in hearings to challenge a denial or insufficient benefit award.
If a Third Party was Involved
If parties other than your employer were involved in your injury, such as subcontractors or faulty equipment, a work injury lawyer can help identify these parties, help gather evidence and bring a third-party lawsuit against them for damages that may not be covered under workers’ compensation, such as pain and suffering.
If You’ve Suffered a Permanent Disability or Will Have Long-Term Care Needs
If your injury has resulted in a permanent disability or will require ongoing medical care, it can be costly. Your Lehigh Valley work injury lawyer will help ensure that any settlement or award fully considers these long-term needs, including future medical treatment, rehabilitation, or any disability accommodations.
If You Are Having Trouble Returning to Work or Your Employer is Retaliating Against You
If you’re having difficulty returning to work because of your medical restrictions or your employer has demoted, harassed, or even terminated you because of your injuries or workers’ compensation claim, a work injury lawyer will help protect your rights.
Getting Serious Legal Help
If you’ve suffered a work-related illness or injury, you have serious legal rights. At Saffren & Weinberg, our dedicated Lehigh Valley work injury lawyers are here to help you get all the benefits and compensation you need to move forward and heal. Call us at (215) 576-0100 or contact us online to schedule a free consultation. Don’t accept less than you truly deserve. Let us help.
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.