Workers' Compensation
The Centers for Disease Control and Prevention estimate that nearly 3 million workplace injuries result in hospital stays each year.
Injured workers are often faced with confusing choices and frequently have little understanding of how the worker's compensation system governing their rights functions and applies. Our firm has represented clients who suffered severe work injuries in Pennsylvania, and we can provide answers to the questions that injured employees often have, such as:
How will I pay an attorney if I am not working?
The Worker's Compensation law permits attorneys to charge contingent fees, which mean that the attorney must be successful in obtaining worker's compensation benefits for you before they are entitled to a fee. Any fee earned by your attorney will be paid as a percentage of your benefits.
If I am injured at work, do I automatically receive benefits?
The short answer to this question is "No," for any number of reasons. For example, you may not be receiving benefits because the insurance carrier has denied your claim, or because it has not been properly reported by your employer. If this occurs, you should contact an attorney immediately.
Pennsylvania enacted the Workers' Compensation Act in 1915, which defines the rules an employer must follow when an employee is hurt on the job. The Act has been amended numerous times, most recently in 1993, 1995, and 1996, and the rights and liabilities of the injured worker and the employer have changed each time.
In general, employees injured in Pennsylvania are covered by the Act, but some categories of workers such as federal employees, military personnel, casual employees, domestic service workers, real estate brokers and salespeople, and insurance agents may not be. However, while you may not seek workers' compensation benefits, you may be able to seek separate damages from your employer for actions or conduct that may have led to your injury.
In regard to benefits, the Act provides two: wage loss and medical treatment. It generally pays two-thirds of your pre-injury wages and for "reasonable and necessary" medical treatment related to your job injury, but does not provide for pain and suffering. The Act also requires that you receive treatment from a properly posted Panel List of Health Care Providers for the first 90 days after your injury. After that period you are free to choose your medical provider.
You should also be aware that The Pennsylvania Legislature has passed Act 147 of 2006, which was proposed as House Bill 2738. This legislation will impact many rights of injured workers. This Bill is in many ways beneficial to injured workers, and we are familiar with its provisions and will work to maximize any advantages that may benefit you.
If you or someone you know has been injured at work you may want to contact us for a free evaluation of your case. We have extensive experience in investigating and settling worker's compensation claims, and will give your case the immediate and prompt attention that it deserves.
|
