Choosing an Allentown workers compensation lawyer is an important decision. You need a legal professional who is well-versed in workers compensation law and familiar with Allentown and its workforce. Munley Law combines these attributes, offering a local perspective backed by extensive legal expertise.
For a free consultation with a workers' compensation attorney, fill out our contact form, chat live, or call us today. We do not charge a fee unless we secure your benefits.
Understanding Workers Compensation
Workers compensation is insurance that covers medical care and lost wages following a work-related injury or illness. Following an accident at work, the Pennsylvania Workers Compensation Act provides payment for the various medical bills and expenses related to your injury. If an injured worker cannot return to work because of work-related injuries, wage benefits will be available for the employee until they can return to work.
Any injury or disease that occurs while the worker is carrying out their duties is considered a work-related injury. The workplace injury or illness does not have to happen on the employer's premises to be covered by workers compensation, but it does have to occur while the worker is working at the time of the accident.
Some examples of what is considered an injury include:
- An incident at work that caused the injury, such as a slip and fall.
- Repetitive actions that could result in a disability. The most common example of a repetitive action is carpal tunnel syndrome.
- A pre-existing condition that the job has aggravated.
- A work-related disability that recurs, causing a later ailment, such as a back injury.
Workers comp benefits are available for full-time, part-time, and seasonal employees regardless of who is at fault for your accident.
We do not get paid unless we win your case.
When to Hire a Workers Comp Attorney in Allentown, PA
Not all injured workers will need the help of a workers comp attorney. But there are certain situations where it is in your best interest to speak with a lawyer, especially in the following scenarios:
- The insurance company has denied your claim
- The insurance carrier is disputing the injury and orders an Independent Medical Exam (IME) by a doctor of its choosing.
- You have a preexisting condition that was aggravated by the accident.
- The insurance company is preventing or delaying necessary medical treatment for your injury.
- The accident caused a permanent disability.
- You are facing legal proceedings for your claim.
- A third party was injured, such as a malfunctioning machine.
- You are being retaliated against because you filed a workers compensation claim.
If you are facing any of these situations, contact our workers comp attorney as soon as possible. We offer free consultations and are available to speak with you 24 hours a day, seven days a week.
How to File a Workers Comp Claim in Allentown
Your first step after a workplace injury in Allentown is to seek medical attention immediately. Even if you think the injury is minor, you never know how injured you are until you see a physician. Plus, you need a medical professional to document that your injury resulted from a work injury.
Once you receive medical treatment, follow the rest of these steps to secure your claim:
- Let your supervisor or employer know you were immediately injured in a workplace accident. When telling your employer, ensure you provide the date and time of the accident, where the accident happened, and how you were injured. You have up to 21 days to report the injury to your employer.
- Your employer will fill out the paperwork for your workers comp claim. First, a First Report of Injury form will be submitted to the state Bureau of workers Compensation; then, a claim will be filed to the insurance company. You may be required to visit a doctor approved by the workers compensation insurance company within the first 90 days of the injury.
- The workers comp insurance company has 21 days to take action on the claim. At the end of 21 days, it will notify you that your claim was either approved, denied, or temporarily approved as it extends the investigation period. If your claim is denied, you can appeal the decision.
- If you believe the insurance company is delaying your claim or if another problem arises during the claims process, hiring an experienced workers compensation lawyer in Allentown to learn your legal options is essential.
The Types of Workman's Compensation Benefits
Injured employees may be able to collect different benefits for their workers' compensation claims depending on the type of injury.
- Medical Benefits: In most work injury cases, you will receive medical benefits to cover your treatment.
- Temporary Total Disability (TTD): If your injuries prevent you from returning to work, TTD benefits are available. If you are out of work for more than 104 weeks, you may be required to undergo an Impairment Rating Evaluation (IRE) to continue receiving these benefits.
- Permanent Partial Disability (PPD): Partial disability benefits may be available for those who received a permanent disability yet can still return to work. You will receive disability benefits for up to 500 weeks.
- Permanent Total Disability (PTD): In the case of catastrophic injury, a worker may be unable to perform their job again. In these severe cases, contact a workman's comp lawyer as soon as possible to discuss your options.
- Vocational Rehab: This benefit allows an injured worker to work a job similar to the previous position.
- Specific Loss: In the event of the loss of a body part through amputation or the loss of use of a body part, such as paralysis or loss of vision, you may be entitled to specific loss benefits. These are similar to Temporary Total Disability benefits, meaning you can only receive these benefits for a specific period.
- Disfigurement: If you have suffered disfigurement through scarring, burns, or other permanent damage, you may be entitled to additional benefits.
- Death Benefits: If you lost a loved one to a work-related accident, your family may be entitled to workers compensation death benefits.
Common Workplace Injuries in Allentown, PA
According to the National Safety Council, the most common types of workplace injuries include but are not limited to:
- Exposure to harmful substances or environments, such as asbestos, toxic chemicals, or diseases such as Covid-19.
- Sprains, strains, and tears caused by slip and fall accidents or lifting heavy materials
- Overexertion, which commonly occurs in warehouse and transportation workers
- Injuries caused by malfunctioning equipment
- Burn injuries from electrocutions or explosions
- Repetitive motion injuries, such as carpal tunnel. This is commonly seen in office workers
The Rights of Allentown Injured Workers
Under Pennsylvania's workers compensation law, injured workers in Allentown have the right to file a workers comp claim for their injuries. If your injury was caused by a workplace accident, you will receive payment for your medical expenses and lost wages if you cannot return to work.
Since workers compensation is a no-fault insurance system, an injured Allentown worker will receive compensation benefits even if they are at fault for the accident. There are some exceptions to this rule, however. For example, if you fight with another co-worker while at work, you cannot receive benefits for any injuries you may sustain.
You have the right to negotiate a lump sum settlement following your accident. It's best to speak with a workman's compensation lawyer to determine if this is your right decision.
You also have the right to a hearing if your employer tries to deny, reduce, or terminate your benefits. The hearing must be before a workers compensation judge, and the judge's decision can be appealed.
You also have the right to speak with an experienced Allentown personal injury attorney at Munley Law following the accident.
Contact Our Allentown Workers Compensation Law Firm Today.
Frequently Asked Questions About Workers Compensation in Allentown, PA
Here are some common questions our Allentown workers compensation attorneys receive from injured workers. If you were injured while on the job, contacting a workman's compensation lawyer in Allentown is always a smart idea to schedule a free consultation. During the free case evaluation, your questions will be answered by an experienced worker's comp professional without worrying about payment.
What is Your Employer's Obligations After a Workplace Accident in Allentown?
Your employer must legally report your injury to its insurance company and the Bureau of workers Compensation. If they refuse to report the injury or file the paperwork, contact Munley Law immediately.
Your employer may be worried about safety violations coming to light, or they may not be adequately insured. A workers compensation law firm will fight to ensure the injury is reported and, beyond that, to ensure you receive the compensation you are owed.
How Long Does My Workers Comp Benefits Last?
According to the Pennsylvania Workers Compensation Act, you can receive workers compensation benefits for a maximum of 500 weeks if you meet partially disabled status. However, if you are permanently disabled, you may be entitled to lifetime benefits. It is important to consult with an experienced Allentown workers comp lawyer to understand your rights and ensure you receive the maximum benefits you deserve.
How Can a Workman's Comp Lawyer in Allentown Help You?
Hiring a workers comp lawyer in Allentown can significantly increase your chances of receiving fair compensation for your injuries. Here are some ways they can assist you:
- Filing the Claim: A workers compensation attorney will ensure all necessary paperwork is correctly filled out and filed within the required timeframe. They will gather the necessary evidence to support your claim, such as medical records, witness statements, and accident reports.
- Negotiating with Insurance Companies: Insurance companies often try to minimize their payouts or deny legitimate claims. An experienced Allentown worker injury lawyer will have the expertise to negotiate with insurance companies on your behalf, ensuring that you receive fair compensation for your injuries.
- Appeals: A lawyer can help you through the appeals process if your claim is denied. They will gather additional evidence and present a strong case to the Workers Compensation Appeal Board to fight for your rights.
- Third-Party Claims: In some cases, third parties may be liable for your workplace injuries. A compensation lawyer can identify if you have grounds for a personal injury lawsuit against a third party, such as a manufacturer of faulty equipment or a negligent contractor.
- Protecting Your Rights: Our workers comp lawyer will be your advocate throughout the process, ensuring your rights are protected. They will guide you through the legal complexities, advise you on your options, and fight for the best possible outcome.
Can I Receive a Settlement for My Workers Comp?
You may receive a settlement offer for your claim at any point in the process. However, before agreeing to a settlement, speak with a qualified workers comp lawyer to evaluate the offer and ensure that it fully compensates you for your injuries and future medical expenses. They will also be able to potentially negotiate with the insurance company to increase your settlement amount.
How Long Does the Workers Compensation Process Take in Allentown, PA?
The duration of the workers compensation process can vary depending on the specifics of your case. On average, it can take anywhere between 6 months and 12 months for your case to be completed. If your case is complex, such as there was a loss of function in a body part, your case could go longer. It depends on how quickly your claim is approved and if there was no issues with your claim, such as a denial of benefits. Your Allentown workers comp attorney will work diligently to ensure the process moves quickly.
Can I Choose My Doctor for Medical Treatment?
In Pennsylvania, employers can choose the initial treating physician for injured workers for the first 90 days of treatment. Following 90 days, you may be able to choose a different doctor. An experienced lawyer can guide you through the process and help you obtain the necessary medical treatment.
What if I'm Unable to Return to Work?
If your workplace injury prevents you from returning to work or significantly affects your ability to perform your job, you may be eligible for wage loss benefits. These benefits can help replace a portion of your lost income. Our attorneys will assess your situation and help you seek appropriate compensation.
My Benefits Were Denied. Can I Appeal?
Yes, you can file an appeal with Pennsylvania's Workers Compensation Appeal Board within 30 days of the denied claim. If the appeals board denies your claim, you still have the opportunity to file an appeal with the Commonwealth Court. However, even the state advises hiring an experienced workman's comp lawyer to help you with your appeal.
What Is an Independent Medical Exam?
An Independent Medical Exam, or IME for short, is a medical examination the insurance company requests to prove that you are eligible to return to work following a work injury. A doctor does the examination the insurance carrier selects to examine your injuries. But don't be fooled by the name — an IME is anything but an “independent” exam. If your insurance carrier requires you to have an IME done, call Munley Law immediately.
What Are the Rules for Light Duty?
Light duty work is temporary work typically assigned to employees injured on the job who cannot perform their regular duties. These assignments are often tailored to accommodate the injured worker's physical limitations while they recover from their injuries.
If you are cleared for light duty work, you must return to work, provided that your employer can accommodate your limitations.
Can I Sue My Employer For My On-the-Job Injury?
No, you cannot sue your employer after being injured. However, if a third party, such as the manufacturer of a defective machine, was to blame for your accident, you can file a third-party personal injury claim against that party.
Are My Comp Benefits Taxable?
According to Pennsylvania's law, workers comp benefits are tax-free. This means the benefits you receive due to a workers compensation claim are not subject to federal or state income tax. This is an essential advantage for injured workers who rely on these benefits to cover their medical expenses and provide financial support during their recovery.
It is worth noting that while workers comp benefits themselves are tax-free, there might be instances where other sources of income, such as Social Security Disability Insurance (SSDI) benefits or settlement awards, could impact the taxability of your workers comp benefits. Therefore, it is advisable to consult with a lawyer or a tax professional to understand the specific tax implications based on your circumstances.
Call Our Allentown Workers Compensation Lawyer Today
If you've been injured at work in Allentown or anywhere in the Lehigh Valley, call an Allentown workers compensation lawyer at Munley Law Personal Injury Attorneys today for a free case evaluation. We will answer your questions, explain your rights, and help you navigate the legal process. Our law firm has 65 years of experience in personal injury claims of all types. We are board-certified in workers' compensation by the Pennsylvania Bar Association and have received numerous awards for our work. We will fight for you.
Chat live, fill out our contact form, or call to arrange a free consult with an Allentown workmen's compensation lawyer. We work on a contingency fee basis, meaning you do not pay unless we win your case.
$32 Million Wrongful Death
$26 Million Truck Accident
$17.5 Million Car Accident
$12 Million Product Liability
$9 Million Truck Accident
$8 Million Truck Accident
$8 Million Truck Accident
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Accident
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
$5 Million Bus Accidents
Personal Injury Claims We Handle in Allentown, PA:
- Allentown car accident lawyer
- Allentown truck accident lawyer
- Allentown rideshare accident lawyer
- Allentown Uber accident lawyer
- Allentown Lyft accident lawyer
- Allentown bicycle accident lawyer
- Allentown motorcycle accident lawyer
- Allentown pedestrian accident lawyer
- Allentown medical malpractice lawyer
- Allentown birth injury lawyer
- Allentown premises liability lawyer
- Allentown product liability lawyer
- Allentown brain injury lawyer
- Allentown catastrophic injury lawyer
- Allentown wrongful death lawyer
Munley Law Personal Injury Attorneys
609 Hamilton St
Allentown, PA 18101
(610) 857-7424
