Hurt on the Job? Call Our Workers’ Comp Lawyer in Media, PA For Help Submitting a Claim or Appealing an Adverse Decision
Most people never expect to get hurt at work, and oftentimes it never crosses their mind—until they do get hurt. While Pennsylvania laws have some of the oldest and strongest workers’ compensation (WC) laws in the United States, the process of giving notice, applying, and complying with the requests of the adjuster or medical examiner can be daunting. This is especially true if a worker has suffered a serious, disabling, or catastrophic injury. Many individuals who are seriously injured at work and qualified to receive WC benefits may be unsure how to start or what their full rights to compensation are, sometimes even leaving some benefits untapped. This is why injured workers should call an experienced workers’ compensation lawyer in Media, PA, for help.
Here at Saffren & Weinberg, we have a proven track record of success handling some of the most complicated workers’ compensation claims. Whether you were just injured and are unsure how to give notice, or whether your claim has been denied and you need help appealing, our compassionate and experienced team of workers’ comp lawyers in Media, PA, can help you recover the benefits that you may be entitled to under Pennsylvania law.
What is Workers’ Compensation?
Workers’ compensation, sometimes called workers’ comp or just WC, is a no-fault benefits system for injured workers. This means that injured workers do not need to prove fault for an accident. Rather, workers only need to prove that their injury is work-related.
Nearly all employers are required to carry WC insurance for their employees, and almost all employees are eligible for WC benefits, including:
- Part-time workers
- Seasonal workers
- Temporary workers
- Interns, apprentices, and individuals being trained or orientated
- New employees on day one (no waiting period like health insurance)
- Employees on their last day of work (whether terminated, quit, retired, or transferred)
- Owners and managers, and
- Any other individuals who are not independent contractors.
What are WC Benefits?
The two most common benefits for workers’ compensation insurance are lost wages and medical bill reimbursement. Injured workers are entitled to recover up to two-thirds (2/3s) of lost wages after a workplace accident, up to a cap that changes yearly. Injured workers are also entitled to recover medical bill reimbursement.
There are instances where injured workers may also be entitled to other benefits, including retraining if they cannot do the same job or career. There are also instances where a worker may be entitled to compensation after reaching maximum medical improvement (MMI) for a permanent disability.
Families who lose a loved one in a workplace accident may also be entitled to death benefits in certain situations.
Will I Get Regular Payments or a Lump Sum Settlement?
Most injured workers will receive regular payments like they would if they were working. However, there are some instances where an individual may receive a lump sum settlement offer. There is no real way to formally request a lump sum settlement offer, and it will be initiated by the WC carrier.
A lump sum settlement is a one-time fee that replaces all regular payments. Once a settlement is accepted, it is very hard to reopen it. It cannot be reopened in certain instances—even if your symptoms worsen.
Can I Sue My Employer or a Third-Party?
Workers’ compensation benefits are the exclusive remedy for an injured worker, meaning that an employer cannot be sued unless the employer 1) intentionally harmed you (i.e., assault), or 2) an employer assigned you to a task that was almost guaranteed to maim or kill you in a way that is not inherent to the job (i.e., work with dangerous chemicals that is not part of your job and causes an explosion could qualify, but putting out a fire as a firefighter would likely not).
While an injured worker cannot often sue an employer, a negligent third-party may be sued in some instances. This includes situations where the third party caused a vehicle crash, dropped cargo on you, or otherwise harmed you while working and is not a co-worker or employee of your business (i.e., not on payroll).
Need Help After a Workplace Accident? Call Us
Our experienced workers’ comp lawyers in Media, PA, at Saffren & Weinberg can help you and your family recover compensation after a workplace accident. Learn how we can help you during any stage of your claim, whether you are applying for the first time, have been denied, or need to commence a lawsuit—we can help you today. Call to schedule a FREE consultation to learn more about our services by dialing (215) 576-0100 or use our “contact us” box to send us a message to get started today.