Under the Pennsylvania Workers' Compensation Act, employers must provide workers' compensation benefits to part-time and full-time employees should they become hurt or ill at work. Workers' comp benefits cover medical expenses and lost wages until you can return. However, the workers' compensation process can be difficult, and an Erie workers' compensation lawyer must navigate the claim.
If you were injured at work or have an occupational disease and are now undergoing the workers' compensation claim process, call Munley Law. We represent injured workers applying for or being denied workers' compensation benefits.
What Do I Need For an Erie Workers' Compensation Claim?
Filing a workers' compensation claim can be complicated, but having the information you need ready before the comp process begins can be beneficial.
You will first need to report the accident to your employer. You have 21 days from the accident date to file the claim. After 21 days, you can still file a claim, but your compensation payments will be adjusted from the filing date, not the injury.
Next, you need a medical examination. This is critical documentation for your injuries and illness, as required for a personal injury lawsuit.
Next, you will file your claim. It will either be approved or denied. If denied, you can file an appeal, but contacting a workers' compensation lawyer may be beneficial.
When You Need a Workers' Compensation Lawyer
Sometimes, a workers' compensation claim is straightforward. But when the accident or illness has the insurance company questioning what happened or your claim has been outright denied, you need to call a workers' compensation attorney.
The insurance company will try to minimize your compensation or the time you can be out of work. But you have rights.
If the Insurance Company Denied My Workers Comp Claim, Should I Call an Attorney?
Even if you suffered a legitimate injury, your employer and the insurance company can still deny your benefits. You will know your submission was denied if you receive a Notice of Workers' Compensation Denial or Notice Stopping Temporary Compensation.
There are several reasons why a workers' compensation claim may be denied. This includes:
- Information on the accident report was incorrect
- Application for workers' comp was submitted after the 120-day deadline
- The employer or insurance questions the validity of your illness or injury
- The employer or insurance questions the severity of your illness or injury
- Employer claims injury occurred outside of work or illness was unrelated to the job
- Employer claims you engaged in unlawful activity, including illegal drug use or alcohol consumption on the job
Even if your claim is denied, you do have options. You can file a Claim Petition with the state Bureau of Workers' Compensation. However, be forewarned that this is a complicated process and does not mean you will be granted your benefits right away.
However, utilizing an experienced workers' compensation lawyer gives you a much better chance of securing the medical benefits and wage recovery you need.
Common Causes of Work-Related Injuries in Pennsylvania
No one anticipates a workplace injury. However, some accidents are more common than others, especially in certain industries.
According to the U.S. Bureau of Labor Statistics, overexertion and bodily reaction injuries were most commonly reported as causes for time away from work from 2021 through 2022, followed by contact with objects and equipment. Falls, slips, trips, and exposure to harmful substances or environments were also frequently reported.
Other causes of a work-related accident include:
Overexertion: Occurs with lifting, pushing, pulling, carrying, or throwing heavy objects
- Falls: Falls may occur at the same level, such as slipping on water or tripping on wiring or from a height, such as a ladder.
- Struck by Objects: Be it a piece of machinery or equipment or a falling object from a higher place, struck by objects is one of the leading causes of death in the construction industry.
- Bodily Reactions: Most jobs involve regular physical movements, such as sitting at a computer desk, operating machinery, or standing in a particular position. These repetitive motion injuries can cause long-term damage.
- Toxic Exposure: Some jobs require working with chemicals and substances that can lead to long-term exposure to harmful materials.
We Represent Workers in all Kinds of Industries
Some jobs are more prone to accidents and workplace injuries than others. At Munley Law, we represent employees from various sectors to ensure the workers' compensation process is as smooth as possible.
Trucking and Transportation
We depend on the trucking and transportation industry in a society that has grown accustomed to overnight deliveries and fast shipping. Over eight million people are employed by the industry, with nearly half being truck drivers.
Unfortunately, these drivers are susceptible to several injuries due to:
- Accidents with other drivers
- Slip and falls on people's property while making deliveries
- Strains from lifting heavy packages
Some of the most common injuries reported by truck drivers are back and neck stains, broken bones, and shoulder industries.
If you are a truck driver or work in delivery and transportation, call Munley Law's workers' compensation attorney. We can help you file a workers' compensation claim and ensure that your rights are protected.
Construction
Construction workers are inherently among the most dangerous jobs when it comes to workplace injuries. Accidents are bound to happen, from working in hazardous locations with large machinery and many moving parts to working long hours.
Unfortunately, many construction workers are independent contractors, so workers' comp regulations do not cover them.
However, to avoid contractors' lawsuits, many businesses purchase workers' compensation coverage for construction workers who are independent contractors. But, if you are hurt on a job and the company does not provide workers' comp insurance, you still have the option to file a personal injury lawsuit to get compensation for your weekly wage and medical care.
If you are hurt on a construction job and need legal advice, contact a personal injury attorney immediately. Filing a lawsuit can be tricky in these situations as the employer will try to mitigate their fault to blame you.
Healthcare
We often think of healthcare workers as providing us with medical treatment. But they also are very likely to get hurt at work themselves. Healthcare workers are at a higher risk for occupational illness and injury because of:
- Exposure to infectious illness and toxins
- Strains from lifting patients
- Workplace violence with aggressive patients
- Repetitive strain injuries from performing certain tasks constantly and standing for long periods
- High stress
- Potentially dangerous equipment and tools like radiation and used needles
While we don't often think of the physical conditions a healthcare professional is in, these employees are entitled to maximum compensation for their workplace injuries.
Warehouse Employees
Warehouse workers often face dangerous situations. From heavy objects being loaded and unloaded onto high shelves to the risk of being collided with by machinery and vehicles, these storage and shipping facilities are riddled with the potential for injury.
Some common workplace accidents in warehouses include:
- Falling objects
- Lifting heavy objects
- Collisions
- Exposure to toxins
- Slip and falls
- Repetitive motion injuries
At Munley Law, we help warehouse employees through the worker's compensation process to ensure they get the benefits they are entitled to for their injuries and time away from work.
How Our Erie Attorneys Help with Workers' Compensation Claims
Even though workers' compensation programs are meant to pay for the weekly wage losses and medical bills of injured or sick employees, workers' compensation settlements are often complicated to file, making securing compensation benefits a challenge.
When you've been hurt at work, going through a battle with your employer or the worker's compensation insurance companies is the last thing you want to do. With the help of the Munley Law Firm, you don't have to.
We help injured workers in Erie secure workers' compensation benefits for occupational illnesses and related medical conditions.
We help victims of job injuries through the filing and appeal process for various types of injuries, including those that lead to long-term disability.
What Do Workers' Comp Claims Cover?
Not all workers are protected under the workers' compensation system. Under the law, the following types of workers are not required to be covered by employer benefits:
- Railroad workers
- Longshoremen and federal workers
- Domestic servants
- Agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer
- Employees who have been granted an exemption due to religious beliefs or their executive status in certain corporations
- Independent contractors
Employees who do not fall under those categories are protected under the compensation law starting on the first day of their employment. Typically, workers compensation benefits include:
- Medical treatment
- On-going medical care, including physical therapy
- Lost wages
- Specific loss benefits
- Social Security disability benefits (total and partial disability)
- Funeral costs and wage replacement for the family of the deceased worker
However, workers' compensation cases are complicated, and your employer will likely try to pass the blame onto you for being negligent on the job. Don't let them. Instead, call the PA workers' compensation lawyers of Munley Law to help you collect the loss benefits you deserve.
What Doesn't Workers' Comp Cover?
Though worker's compensation will cover workplace injuries and occupational illnesses, it does not cover certain conditions.
For example, if your injury was a result of negligence or self-inflicted due to the use of drugs and alcohol on the job or any other illegal activity, you will not receive compensation. Further, if it is found you were intoxicated on the job, you will likely be unable to recover workers' comp benefits.
In addition, pre-existing conditions do not qualify for workers' compensation unless a workplace injury or illness aggravates that pre-existing condition.
Contact our workers' comp attorneys if you have questions about the conditions covered under your benefits.
What Are the Time Limits for Work Injury Claims in Erie?
Under the law, you have three years from the date of your workplace injury to file a workers' compensation claim. If you miss the statute of limitations on filing, you forfeit your right to benefits. Further, you can file a claim petition if you were denied loss benefits under worker's comp law. This also must be done within three years of the injury.
Remember that you have 120 days from the date of the injury to file a notice with your employer. This is critical to your workers' compensation insurance claim.
What Is My Workers' Comp Claim Worth?
Typically, a workers' compensation claim has no average settlement value. However, certain factors increase the compensation you may be entitled to. Specifically, employees suffering from severe injuries requiring more time off of work will receive more compensation for wage loss than others.
Further, if all your paperwork is filed correctly and all documentation is provided, you will be more likely to get your benefits.
Under the Workers' Compensation Act, injured workers are entitled to indemnity or wage loss benefits equal to two-thirds of their weekly wage. However, the act has minimum and maximum amounts, utilizing an annual average set statewide.
So, under the Act, the maximum weekly wage (or AWW) compensation for 2024 is $1,325.00.
Third-Party Work Injury Claims
Many employees think workers' compensation is their only option for recovering from a workplace injury. However, compensation for third-party workers is also possible.
When you file a workers' compensation claim, you give up the right to sue your employer for your injury. But when a situation arises where you are hurt at work, and it is not related to your employer, this is where a third-party claim is useful.
Third parties may include a negligent driver, equipment manufacturer, property owner, or subcontractor. In those instances, you may be able to file for third-party coverage in addition to your worker's compensation benefits.
Third-party claims can provide financial compensation for pain and suffering, emotional distress, and other non-economic damages otherwise not covered by workers' compensation.
In addition, third-party claims are not limited, meaning you can receive more compensation than you would otherwise collect from your benefits alone.
Filing a third-party claim can be complicated. You must establish negligence by a third party and provide evidence such as documentation, photos or videos, witness statements, employer accident reports, and medical records.
If you believe you would benefit from a third-party claim, call Munley Law. Our attorneys can guide you through the legal process for your injury case.
Contact Our Experienced and Dedicated Erie Work Injury Lawyers for a Free Consultation
If you suffered a workplace accident injury in Erie County or anywhere in Pennsylvania, you must call Munley Law. For decades, we have fought for the rights of Pennsylvania's injured, including those who suffered a job injury.
Our experienced attorneys will help you work through workers' compensation issues with filing or denials and help you take legal action if necessary. We know that insurance providers will look for any reason to deny your claim, but our legal team won't stop for anything less than a fair settlement.
Munley Law will help you file your workers' compensation claim and, if necessary, represent you in court.
Injured employees need protection. The Erie workers' compensation attorneys of Munley Law are here for you.
For a no-obligation, free consultation, call Munley Law today.
