If you were injured at work in Norristown, you may find yourself with a number of urgent questions: how will this affect your livelihood? How long will I be out of work? Who pays for my medical bills? What if my workers' comp claim is denied? Having an experienced Norristown workers' compensation lawyer on your side can not only provide peace of mind but can also make a big difference in the outcome of your claim. Hiring a workers' compensation lawyer is not about suing your employer; rather, it's about ensuring that you receive the benefits you deserve and that your employer and their insurer adhere to Pennsylvania's workers' comp rules.
If you were injured on the job in Norristown and need help with your worker's comp benefits, our worker's compensation attorneys are here to help. Contact Munley Law today to schedule a free consultation.
What Is Workers' Compensation?
Workers' compensation is a state-mandated insurance program that benefits employees who suffer work-related injuries or illnesses. This system ensures injured workers receive prompt medical treatment and financial compensation without lengthy litigation.
Who is Covered
In Pennsylvania, almost all employees are covered by workers' compensation insurance, which is mandatory for most employers. This coverage extends to full-time, part-time, and seasonal workers. Workers' compensation may not cover some independent contractors. Coverage for federal government employees is different from that for those in the private sector or in state and local governments.
While the Pennsylvania Workers' Compensation Act covers private, state, and local employees, the Federal Employees' Compensation Act covers federal employees.
Types of Benefits
According to PA workers' compensation law, workers comp insurance provides several different types of benefits, including:
- Medical Expenses: Coverage for medical treatment, hospital stays, surgeries, medications, and rehabilitation services related to the injury.
- Wage-Loss Benefits: Compensation for a portion of the wages lost due to the inability to work due to the injury.
- Specific Loss Benefits: Payments for permanent loss of use or disfigurement of a body part.
- Death Benefits: Financial support for dependents in the event of a fatal workplace accident.
- Disability Benefits: If your injury requires you to miss work for a certain length of time, you may receive temporary or permanent disability benefits.
If Your Claim Was Denied, a Worker's Compensation Attorney in Norristown Can Help
If you receive notice from the insurance company that your workers' compensation claim has been denied, don't panic. This is actually not uncommon, and it doesn't mean you're out of options. You have the right to appeal the denial, and a workers' comp attorney can help increase your chances of winning the appeal.
Worker's compensation cases might be denied for many reasons that don't necessarily have anything to do with the merits of your claim. Insufficient documentation, pre-existing conditions, or a dispute about the cause of the accident can result in denial of your claim. Having legal representation on your side for the appeal process can help make things right.
How a Workers Comp Lawyer Can Help You
Our law firm will start by reviewing the details of your situation, including the incident that caused your injuries and the reason for your claim denial. Then, our team will help gather additional evidence, including medical records, expert testimony, and witness statements, to strengthen your case.
We will guide you through the appeals process, ensuring all necessary paperwork is completed accurately and submitted on time. We will also represent you at workers' compensation hearings before a workers' compensation judge.
Frequently Asked Questions
How much time do I have to report my injury?
In Pennsylvania, it is important that you report your injury promptly to avoid having your claim dismissed altogether. If you're injured at work, it's best to report the injury immediately, even if you're unsure of the extent of your injuries. Under the Pennsylvania Workers' Compensation Act, you must report your injury within 120 days from the date of the injury to receive benefits. Be sure to do so in writing so that there is a record of your report.
This rule has some exceptions for employees who develop an illness related to their occupation, especially those who work with asbestos or other hazardous materials. A lawyer can help you determine if you qualify for benefits.
How much does workers' comp pay in Montgomery County?
The total amount of compensation you receive from workers' comp depends on a number of factors, including the extent of your injuries and how much money you make. Wage loss benefits through workers' comp don't pay you your full salary; rather, if you are unable to work, you are eligible to receive two-thirds of your average weekly wage subject to minimum and maximum limits set by the state. As of 2024, the maximum weekly payment is $1,325. This number typically increases annually.
If you can return to work but at reduced hours or a lower-paying position, you may receive partial disability benefits. These benefits are calculated as two-thirds of the difference between your pre-injury average weekly wage and your post-injury earnings, up to the maximum weekly amount.
If you are eligible for specific loss benefits for the loss of a limb or permanent loss of a body function such as sight or hearing, you can collect additional payments based on the type of injury.
A workers' compensation lawyer will carefully review your case to ensure you receive the maximum amount of compensation to which you are entitled.
How soon should I receive my benefits?
After receiving notice of your injury, your employer and their insurance carrier have up to 21 days to investigate your claim and decide whether to accept or deny it. You will then receive a notice stating that your benefits will be paid or that your claim was denied. Sometimes, your employer's insurer may extend this period to 90 days if further investigation is needed. If you cannot work for two weeks and your claim has been approved, you should start receiving benefits payments within approximately 28 days.
If you believe your payments are being improperly delayed or you are unsure about the status of your claim, a lawyer can help.
What if my employer wants me to return to work?
Before returning to work, you must obtain clearance from your treating physician. Your doctor will evaluate your condition and determine if you can return to your previous job or need work restrictions or accommodations.
Sometimes, your employer may offer “light duty” or modified work duties to accommodate your injury. You are generally required to accept a legitimate light-duty offer that complies with your medical restrictions. Refusing a suitable light-duty position without a valid reason may jeopardize your workers' compensation benefits. If the light-duty position pays less than your pre-injury job, you may be entitled to partial disability benefits. These benefits cover two-thirds of the difference between your pre-injury and post-injury wages, up to the maximum weekly benefit.
Can I sue someone other than my employer for my injury?
While you cannot sue your employer for a work-related injury in Pennsylvania, you may be able to pursue a claim against a third party if someone other than your employer is to blame for your injury. For example, suppose you are a delivery driver and you were injured in a car accident caused by another motorist. In that case, you may be able to pursue a personal injury case against the at-fault driver in addition to collecting your workers' comp benefits. An experienced workers' comp attorney can determine whether this third-party claim applies to your case.
Contact Us
Get started today with a free, no-obligation consultation with a Norristown workers' compensation lawyer at Munley Law. Our attorneys have years of experience helping Pennsylvania workers claim the benefits they rightfully deserve for their workplace injuries. The consultation is free, and there's no fee for our services unless we secure your benefits.
