Injured on the job? Our Philadelphia workers’ compensation lawyers can make sure you receive the benefits you deserve.
Getting into an accident while on the job in Philadelphia can affect your life in more ways than you imagined. Not only do you have to deal with the healing process, but you will be out of work for an extended period of time. You’ll need the experience of a skilled workers’ compensation lawyer in Philadelphia to help you with your claim.
$32 Million Wrongful Death
$26 Million Truck Accident
$17.5 Million Car Accident
$12 Million Product liability
$8 Million Truck Accident
$8 Million Truck Accident/Wrongful Death
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Crash
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
$5 Million Bus Accident
$4.7 Million Truck Accident
If you are among the millions of Americans who have suffered a job-related injury, you need to make sure you have a clear understanding of your legal rights. While employers tout their safety records and employee-first mentalities, when it comes to workers’ compensation claims, the reality is that many companies put their profits first. The same is true for workers’ compensation insurance companies. Unfortunately, workers’ compensation claims are almost never as easy as they should be. Employers and their insurance companies routinely deny claims, leaving injured workers without the money they need for their medical bills and monthly expenses.
Under Pennsylvania law, you are entitled to workers’ compensation benefits when a job-related injury keeps you out of work. But you may need help getting the full compensation you deserve. That’s where we can help. This is why you need a Philadelphia workers’ compensation lawyer from Munley Law.
Our workers’ compensation lawyers have decades of experience representing employees in Philadelphia. We are familiar with all of the unique aspects of Pennsylvania’s workers’ compensation system, and we have a record of success in securing our clients’ benefits. Whether you were just injured on the job, are being told to go back to work before you’re ready, or you had your workers’ compensation claim denied, we can help. We will not stop fighting until you receive the benefits you deserve.
“About 5 months ago, I had injured my back after lifting a heavy box at work. My employer refused to submit my workers’ compensation claim even though the doctor had said the injury was caused by the action. I turned to Caroline Munley for help and I’m glad that I did. She walked me through filing my claim and helped me get the money to pay for my medical bills. I don’t know where I would be without her. Thank you, Ms. Munley!” – Workers’ Compensation Client
Do I Need a Lawyer for My Workers’ Compensation Claim?
In many cases, workers’ compensation benefits can be straightforward. These benefits will cover all your medical expenses and lost wages following an accident in the workplace. But there are times complications do occur, and that’s when you’ll need the expertise of a workers’ comp lawyer to walk you through the process and fight on your behalf.
You want to hire an attorney for your workers’ comp claim if the following happens:
- Your claim has been delayed or denied – The insurance company may deny your claim on a technicality or because you have a preexisting condition. If your claim has been denied or you haven’t received benefits after your accident, it may be in your best interest to speak with an attorney.
- Your employer refuses to file your claim – After a workplace accident, you must let your employer know about your injuries so they can start the workers’ compensation process. But sometimes, employers may try to persuade you not to file a claim or tell you you’re not eligible for benefits. If your employer refuses to file a claim, contact our office and we can start the process for you.
- Your employer retaliates against you for filing a claim – If your employer fires you, slashes your hours, or demotes you because you filed a workers’ comp claim, you may need the help of an employment attorney to protect your legal rights.
- You were injured because of a third party’s actions – For example, if you are a delivery driver for Amazon and get into an accident because of a faulty braking system on the van, you may have a workers’ compensation claim as well as a third-party claim against the brake manufacturer.
What Are the Most Common Accidents in the Workplace in Philadelphia?
Regardless of where you work, Munley Law is ready to help injured workers in a variety of different fields. For decades, we’ve been helping those injured at work in all types of job industries — from warehouses to healthcare, construction to office workers, and more.
Here are a few common accidents that our law firm handles on a regular basis:
Warehouse and industrial settings in Pennsylvania can be particularly dangerous. Heavy machinery and equipment can lead to an accident that could cause serious workplace injuries. It could be the machinery is defective, or it may be due to a lack of safety training. Workplace injuries from accidents involving dangerous machinery can include crushed limbs, hands or fingers, amputation, broken bones, lacerations, electrical burns, and wrongful death. This can lead to lost wages, total disability, and more.
The construction industry is one of the most dangerous occupations in the U.S., according to the Occupational Safety and Health Administration (OSHA). These four causes were responsible for 64.2% of construction worker fatalities: falls, struck by objects, electrocution, and getting caught in between objects. Construction injuries can include:
- Traumatic brain injury
- Head and neck injuries
- Burns and electrical injuries
- Hearing loss
- Vision loss
- Loss of limbs or amputation
- Knee, shoulder, and elbow injuries
- Wrongful death
Life on the road can be dangerous for Truck drivers. According to OSHA, there is a high rate of death related to work in the trucking and transportation industry. Whether you are involved in an accident or you have been injured loading or unloading cargo, you have the right to file for workers’ compensation. Munley Law specializes in trucking litigation, and we represent long-haul truckers, delivery drivers, and other workers whose jobs require lots of travel.
Working as a nurse or at-home care provider (as well as other healthcare professions) can be a strenuous job. That means you may frequently suffer work-related injuries. In fact, OSHA, calls “a hospital is one of the most hazardous places to work.” OSHA details “the rate of injury (in a hospital) is almost twice the rate for private industry as a whole.” Healthcare workers typically have very long shifts with physically demanding conditions: exposure to disease, hazardous materials, lifting patients, performing repetitive tasks, and putting patients’ needs ahead of their own.
These injuries can occur from events like exposure to hazardous chemicals or other dangerous materials while on the job. This exposure can lead to serious respiratory conditions, renal disease, chemical burns, and some forms of cancer, including mesothelioma. Sometimes, even death.
What Are Specific Loss Injuries?
In the event your injury at work resulted in permanent scarring/disfigurement, the loss of a limb, or impaired use of a body part, you may be eligible for what is called “specific loss” payments.
This differs from regular workers’ comp claims, and you may collect specific loss payments even if you are not out of work. All you have to do is prove your injury happened in the course of your job duties. There is still a statute of limitations on these Pennsylvania workers’ compensation claims. You still have 120 days to notify your employer, and three years to submit a proper workers comp claim. But do not delay. Waiting can impact the outcome of your case.
How Much Will I Be Paid for Specific Loss?
When claiming specific loss in your Pennsylvania workers comp injury, there are guidelines for compensation in these cases. For example:
- Loss of a hand: 335 weeks of payments
- Loss of a thumb: 100 weeks
- Loss of an eye: 275 weeks
- Loss of a foot: 250 weeks
- Loss of a leg: 410 weeks
- Permanent loss of hearing in both ears: 260 weeks
Workers’ Compensation Death Benefits
Each year, thousands of Americans are killed while at work. In these cases, the family is entitled to receive death benefits. These death benefits may even apply if the worker passed away within 300 weeks of sustaining the workplace injury, especially in cases like toxic exposure.
Those eligible to receive workers comp death benefits include surviving family members who depended on the deceased person for financial support. This includes a spouse, minor children, a dependent adult child, or a parent. Workers’ comp in these situations also includes reasonable costs of funeral services/burial, up to $3,000.
The surviving family members must file for death benefits within three years of the worker’s death.
Top Reasons a Philadelphia Workers’ Comp Claim is Denied
There are a variety of reasons a Pennsylvania Workers’ compensation claim may be denied. Maybe there’s a doubt your injury was work-related. Or, you may stop receiving your workers’ compensation benefits before you are able to return to work. If this happens, consult a workers’ compensation lawyer at Munley Law immediately.
After a work-related injury, it’s critical you immediately report the injury and seek medical attention. If you work for a big corporation, your employer and your insurance company will have a big team of lawyers looking for every loophole to avoid paying you anything.
In some cases, your insurance company does have just cause to deny your claims. This makes it even more important you have a good workers’ compensation attorney to guide you through the workers’ comp appeals process.
Here are the top reasons workers compensation claims are denied:
- Employer contests the validity of the claim
- Employer contests severity of the work-related injury
- Inaccurate information is present in the incident report
- The application is filed after the 120-day legal window
- The specific work-related injury isn’t covered by the employer’s workers’ comp insurance coverage
- Employer alleges you use illegal substances while at work
FAQs: Philadelphia Workers’ Compensation Lawyer Answers Common Questions
Q: My Employer’s Insurance Company Wants Me to Undergo an Independent Medical Examination. Should I Agree?
Not without first speaking to a workers’ compensation attorney. If you agree to undergo this medical examination, you will likely waive some important rights or workers’ compensation benefits, and you may be giving the insurance company access to your private medical information. Also, since the doctor has been selected by the insurance company, their examination may not necessarily be focused on ensuring that you receive the best possible long-term care. This makes contacting a Philadelphia workers’ compensation lawyer imperative to your claim.
Q: Can I Go to My Own Doctor for Treatment of My Job-Related Injury or Illness?
While you do not have to submit to the insurance company’s medical examination, under Pennsylvania law, you are required to choose from a list of doctors approved by your employer for your first 90 days of medical treatment in order to receive your workers’ compensation benefits. Your employer must provide at least six options, and it cannot direct you to any healthcare provider. If you are not provided with a list, then you can see your own doctor, but you want to be certain that this is okay since seeing your own doctor “inappropriately” could negatively impact your workers’ compensation claim. Make sure to contact a workers’ compensation lawyer beforehand.
Q: How Long Does it Take to Receive Workers’ Compensation Benefits in Pennsylvania?
If your employer and its insurance company handle your claim appropriately, you should begin receiving your workers’ compensation benefits in about three weeks. However, if your claim gets denied, you could be facing months of delays and appeals.
Q: What Do I Need to Do After an Accident at Work?
A: Do not delay reporting your workplace injury. Immediately report your accident to your supervisor and ask them to fill out an incident report. In Pennsylvania, you must notify your supervisor at your place of employment within 120 days from the date of injury. If you do not, it can result in denial of your claim. Even if your injury seems minor, there’s no harm in reporting it just in case you start to feel more pain as time goes on.
After you report your injury, insurance representatives may contact you asking for details. It’s important that you do not sign any insurance document or offer of settlement until a workers’ compensation lawyer has reviewed it first. If you have questions about how to apply for workers’ compensation, or if your claim has been denied, call Munley Law today for a free consultation.
Q: How Do I Know If Am I Covered Under Workers’ Compensation in Philadelphia?
A: Almost every employee in Pennsylvania is covered under the Workers’ Compensation Act. This includes full-time, part-time, and seasonal employees. Businesses, no matter how big or small, are required to have workers’ comp insurance. If you work in certain industries, you may be covered under different compensation laws specific to that particular industry, like railroad or shipyard workers. Volunteers and independent contractors may not be considered employees, so they may not be covered. But, that doesn’t mean you have no options to get compensation for your injuries. Contact a work injury lawyer at Munley Law to learn more about your legal rights as an employee.
Q: What Should I Do if My Workers’ Compensation Claim is Denied?
A: It’s common for workers’ comp claims to be denied. In these cases, it’s best to hire an experienced lawyer who is familiar with the entire worker’s comp claims process and who knows the intricacies of employment laws.
Q: How Can a Philadelphia Workers’ Compensation Attorney Help?
An experienced and winning workers comp lawyer can guide you through the complicated and nuanced claims process, including fighting a denial should you receive one. But most importantly, he or she can also help injured workers receive additional compensation beyond what’s on paper. Many workers’ comp benefits do not cover pain and suffering and other non-economic losses associated with severe injuries, and they only pay a portion of lost wages. A lawyer will fight to ensure you get everything you deserve.
Specific ways a lawyer can help after a Philadelphia workplace injury include:
- Helping after an insurance company denies a workers’ comp claim.
- Identifying potential third parties who might hold financial responsibility for injuries.
- Helping injured workers take action when an employer retaliates or threatens to retaliate after filing a workers’ compensation claim.
Schedule a Free Consultation about Your Workers’ Compensation Claim
At Munley Law, our Philadelphia workers’ compensation lawyers can help you understand your rights, and we will fight to make sure you receive the workers’ compensation benefits you deserve as soon as possible. To get started with a free and confidential consultation, please call or request an appointment online today.