Did You Suffer a Workplace Injury in Hazleton, PA?
Under federal law, employers must provide a work environment free of known health and safety hazards. A workplace injury can be devastating to an individual and their loved ones. In addition to physical pain, you may experience significant financial strains due to lost wages and mounting medical expenses. Workers’ compensation is supposed to cover these costs, but what if your claim is denied? The Hazleton workers’ compensation lawyers at Munley Law Personal Injury Attorneys help injured workers in Hazleton get the compensation they deserve. If you suffered an injury in an accident at work and have problems with your workers’ comp claim, contact our Hazleton workers’ comp lawyer for a free consultation. Chat live, email us, or call today.
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Do I Need a Hazleton Workers’ Comp Attorney?
Did you sustain a serious injury or illness on the job in Hazleton? Has your employer denied your workers’ comp claim? Does your workers’ comp insurance cover your injuries and lost wages? Are medical issues preventing you from returning to work? Do you feel you may have a third-party claim? If you answered yes to these questions, consult Hazleton’s workers’ compensation attorney.
The laws make it quite clear — every worker is eligible to receive workers’ compensation benefits following an injury while on the job. However, many employers either don’t understand or ignore the law. As a result, they may delay or not even submit your claim to the insurance company. In addition, your claim can be denied for several reasons, such as having a previous injury.
If your employer is uncooperative, your claim is denied, or you have questions about the process, contact a Hazleton workers’ comp lawyer at Munley Law Personal Injury Attorneys for a free consultation. We will help you get the workers’ compensation benefits you deserve.
What Happens When My Workers’ Compensation Claim is Denied?
Many injured workers in Hazleton rely on workers’ compensation to pay their expenses following a workplace accident. Unfortunately, when the insurance company denies your claim, you may not know how you will pay your bills while recovering.
There are some common reasons why a workers’ comp claim is denied, including:
There was a mistake made when filling out the paperwork. Even if you followed all the procedures in reporting your injuries, you might be denied because the employer or insurance carrier had missed a key detail or made a mistake in the paperwork.
You did not report the injury in time. According to Pennsylvania’s workers’ compensation lawyers, you have up to 120 days from the date of your injury to inform your employer of your injury. You cannot collect benefits if the accident is reported after 120 days.
There were no witnesses to the accident. Of course, any proof of your accident can help strengthen your claim. But you should still report the accident and seek medical attention if there are no witnesses. A doctor can usually verify that your injuries were caused by a workplace accident.
There’s an issue with the accident report or medical records. If your accident report differs from what injuries you sustained, the insurance company may deny the claim. For example, you claim in the report that you tripped over a power cord and fell, breaking your leg. However, the medical records show that you only sustained an ankle sprain. This discrepancy may cause the insurance carrier to deny your claim.
You were doing something illegal at the time of the accident. For example, if you had alcohol or drugs in your system at the time of the accident, you would not be able to receive workers’ compensation benefits. In addition, if you start a fight while at work and are injured, your claim will be denied.
If your claim was denied for any of these reasons, contact our Hazleton workers’ compensation attorney immediately to start the appeal process.
What Are the Common Types of Work Accidents in Luzerne County?
Unfortunately, some industries have more workplace accidents than others do. According to the U.S. Bureau of Labor Statistics, Pennsylvania’s private industry injury and illness incidence rate is higher than the national average. In addition, the rate of injuries and illnesses remained the highest among mid-sized private industry employers.
The most common industries that have the most on-the-job accidents are:
- Construction Accidents – Construction workers have one of the highest risks of on-the-job injuries. Falls, electrocution, crushing injuries, and equipment injuries are all common with construction workers.
- Manufacturing and Industrial Accidents – Hazardous material, heavy equipment, and dangerous conditions may exist in a manufacturing or industrial facility. This can lead to electrical or equipment accidents, falling debris, falls from heights, cranes, bulldozers, forklift accidents, or exposure to hazardous materials.
- Warehouse Accidents – Warehouses are pretty typical in the Hazleton area, and unfortunately, they can pose a significant risk of injury for workers. Manual lifting, repetitive motion, heavy machinery operation, and forklift operation can all cause serious harm to workers.
- Heavy Machinery Accidents – Heavy machine accident dangers are real in Hazleton. Those operating heavy machinery in an industrial facility, a distribution center, or a construction site is always at risk of serious injury. Lack of equipment maintenance or proper safety procedures can lead to severe accidents.
- Forklift Accidents – Forklifts are widely used to stack and move materials in Hazleton’s warehouses, distribution centers, and construction sites. Faulty machinery, lack of safety devices, poor maintenance, overloading, improper training, or driver error can cause a forklift accident, leading to a severe injury.
- Truck Driver Accidents – Truck drivers have dangerous jobs. From the heavy lifting involved in loading and unloading cargo to the danger of highway accidents, truck drivers face many threats that can cause injury.
- Transportation Accidents – Traffic accidents are a leading cause of death in this country and the cause of many work-related injuries for truck drivers, delivery drivers, and other transportation workers. In addition, workers operating large trucks, cranes, backhoes, and other vehicles on construction sites and other work areas are at risk of serious injury.
- Healthcare Worker Injuries – Nurses, aides, and other caregivers do physically demanding work involving heavy lifting, long hours, and other strenuous activities resulting in an injury.
- Food Industry Accidents– From food manufacturers and processors to kitchen workers and wait staff, the dangers of injury in the food industry are great for all workers.
Frequently Asked Questions About Workers’ Compensation in Hazleton
Can I Change Jobs While on Workers’ Compensation?
If you get into an accident at work, you may consider changing jobs while on workers’ compensation. But is that possible without hurting your claim?
First, be aware that your former employer’s insurance company still has to pay for medical treatment if you quit your job while on workers’ comp. But if you quit your job before filing for workers’ compensation, it may be challenging to get the benefits. So, before leaving your job, it’s best to speak with our workers’ comp lawyer in Hazleton to learn your next steps.
Can I Lose My Job While on Workers’ Comp?
Those injured in a workplace accident often have the same concern, “Can I lose my job while on workers’ compensation in Pennsylvania?” And the answer is quite complicated.
Pennsylvania law states you cannot be fired for filing a workers’ compensation claim. If you are fired in retaliation for filing a claim, this is illegal, and you should speak with an attorney immediately.
However, Pennsylvania is an at-will state. This means that your employer can lay you off for any legal reason. So, for example, if your injury will affect your job, your employer may let you go.
If you lost your job after filing for workers’ compensation, speak with our Hazleton workers’ comp attorney to learn your legal options.
Can I Sue Workers’ Comp for Pain and Suffering?
According to the Pennsylvania Workers’ Compensation Act, an employee injured while on the job cannot collect damages for pain and suffering after a workplace accident. In addition, an employee cannot sue an employer after an accident. A worker may only collect workers’ comp benefits for medical expenses and lost wages.
However, there may be other legal options you can explore. For example, if you get into a car accident while on the job, you may be able to file a third-party claim against the other driver. The third-party claim will allow you to obtain pain and suffering. Contact our Hazleton workers’ compensation attorney for a free consultation to learn more about third-party claims.
What is Light Duty? Can I Refuse It?
When an employee is hurt at work and cannot work their regular job until they recover, their employer may offer light duty work. This type of work is usually less demanding and for fewer hours a day until you fully recover and return to your current position.
If your physician clears you for light duty work and the employer has made the appropriate arrangement that accommodates any restrictions your doctor sets, you should accept the offer. Turning it down could result in a loss of workers’ comp benefits.
If you are concerned about light duty work, call our injury attorneys for a free consultation.
Contact the Hazleton Workers’ Compensation Attorneys at Munley Law Personal Injury Attorneys Now
For more than 60 years, the workers’ comp attorneys at Munley Law Personal Injury Attorneys have been protecting the rights of injured workers in Hazleton and across the state of Pennsylvania. With our decades of experience, we are here to help you. Contact our Hazleton office for a free consultation if you have been denied workers’ compensation benefits for a valid claim.
Munley Law Personal Injury Attorneys
197 N Cedar St.
Hazleton, PA 18201
(570) 536-9498