Pittston Workers’ Compensation Lawyer

Thousands of injured workers apply for workers’ compensation coverage in Pennsylvania annually. However, just because they apply does not mean they’ll get the money they need for their work-related injury. This is where a Pittston worker’s compensation lawyer comes in. From filing an initial claim to handling appeals, workers’ compensation lawyers work tirelessly to represent workplace accident victims needing aggressive representation.

If you or a loved one suffered an injury in the workplace and need help navigating workers’ compensation laws, call Munley Law. We help accident victims in Pittston, PA, secure the benefits that are rightfully theirs.

What is Workers’ Compensation Insurance?

Workers’ compensation insurance is a critical safety net designed to protect employees who suffer from job-related injuries or illnesses. Workers’ compensation also acts as a form of accountability to employers to ensure that the workplace is safe for their employees. Through workers compensation law, employers are required to provide the following:

• A safe place to work
• Employees with an acceptable number of competent coworkers
• Safe tools and equipment
• Warning of inherent dangers
• Rules that will be enforced for employee safety

Should a workplace accident occur, resulting in an employee’s injury or work-related illness, most employers must give employees the necessary medical care and financial support to recover.

Workers’ compensation insurance coverage includes medical bills, rehabilitation costs, and a portion of lost wages due to the inability to work. Should a worker die as a result of a workplace accident, it also provides death benefits to their dependents.

One important factor of PA worker’s compensation laws is the no-fault status. This means employees are entitled to benefits regardless of who was at fault for the injury or illness. However, this does not mean that an employer cannot dispute a worker’s compensation claim if they feel that the personal injury was unrelated to the job or relevant duties of the role.

While worker’s compensation not only protects employees, it also protects employers. When an injured employee collects workers’ compensation benefits, it shields the employer from civil lawsuits over workplace injuries. This creates a balanced framework where employees receive benefits for work-related injuries, and employers gain protection from expensive legal battles.

Who Qualifies For Workers’ Compensation?

Despite the generalization that all employers must provide workers’ compensation insurance, not all workers qualify for its protections.

Full and Part-Time Employee

The individual must be an employee–be it full-time, part-time, or seasonal. Standard workers’ compensation policies typically do not cover independent contractors, freelancers, and volunteers.

However, coverage exceptions exist, so check with your employer or a Pittston worker’s compensation lawyer.

Injury or Illness Must Be Work-Related

While this may seem obvious, the injury or illness must be work-related. This means that the injury occurred during employment or directly from the employee’s job duties.

If the injury occurred while commuting to or from work, workers’ compensation laws do not apply. But, if an injury or illness occurred during business travel, work-related events, etc., coverage may apply.

Workers’ compensation also covers injuries or illnesses aggravated by employment conditions or requirements.

Injuries or Illnesses Reported On Time

Should a workplace accident or illness occur, employees must report the event on time. In general, you should report the event immediately, but under state workers’ compensation laws, employees have three years from injury to file a claim petition.

Should the employee miss that window, they forfeit their rights to benefits.

Limitations to Workers’ Compensation Claims

Workplace accidents or injuries cannot be self-inflicted despite workers’ compensation being no-fault. Further, if an employee acted recklessly, such as drinking while on the job, they forfeit their right to workers comp benefits.

If your employer is trying to argue that your work-related injury was self-inflicted or resulted from employee negligence, call a Pittston workers’ compensation lawyer from Munley Law.

What Are the Types of Workers’ Compensation Benefits?

Workers’ compensation claims encompass a range of injuries and illnesses that can occur in the workplace. Some of the most common types of workers’ compensation claims include:

Medical Treatment Claims

Treatment claims cover the medical expenses required to treat a work-related injury or illness. This includes doctor visits, hospital stays, medications, physical therapy, and other necessary medical treatments. This compensation usually covers immediate and future coverage should long-term care be needed.

Temporary Disability Claims

When an employee cannot work for a temporary period due to a work-related injury or illness, they may file a temporary disability claim. Temporary disability provides compensation for lost wages during the recovery period. This form of disability operates assuming the employee can return to work.

Permanent Disability Claims

In cases where an employee suffers from a work-related injury or illness that results in permanent impairment or disability, they may be eligible for a permanent disability claim. This claim supports injured workers who cannot return to the job they once had or a job at all.

Rehabilitation Claims

In some cases, an employee may be able to work but not in the role they once held. In these cases, employers must give alternative employment opportunities, even if it is a different position at a different pay rate.

Employers do not necessarily have to hold an employee’s job open until they can return to work.

Death Benefits Claims

If an employee dies due to a work-related injury or illness, their dependents or family members may be eligible for death benefits. These claims provide financial compensation to help the dependents the deceased employee left behind.

Injured workers need to understand what they hope to recover in their workers’ compensation claims, as each has its own rules and benefits.

If you are struggling with filing a worker’s compensation claim or are unsure of the benefits you are entitled to, a PA worker’s compensation lawyer from Munley Law can help.

How Are Workers’ Compensation Benefits Calculated?

Each year, the value of weekly workers changes. The Department of Labor & Industry has set the maximum compensation for injuries occurring on and after Jan. 1, 2024, to $1325 per week.

Further, the weekly compensation rate is 66 2/3 percent of the employee’s average weekly wage if the employee’s weekly average wage falls between $1,987 and $993.76. The weekly compensation rate is $662.50 if the employee’s average weekly wage is between $993.75 and $736.11 and 90 percent of the employee’s average weekly wage if it is $736.10 or less.

What is the Role of a Workers’ Compensation Attorney in Pittston, PA?

Workers’ compensation lawyers are essential in assisting employees who have suffered work-related injuries or illnesses. Your legal team will help you navigate the complex workers’ compensation system, ensuring you receive the benefits and support you are entitled to.

Client Representation and Advocacy

Your workers’ comp lawyer will advocate for your rights from start to finish. Whether filing the initial claim or disputing a denial of benefits, the goal of your legal team is to protect your rights.

Further, if your medical status changes during the claims process, workers’ compensation lawyers will assist you to ensure the change in medical needs is reflected.

Legal Advice and Guidance

Despite being required to carry workers’ compensation insurance, most employers are not eager to pay out of it. Because of this, many claims are denied on the first filing. However, a Wilkes-Barre or Pittston workers comp attorney can help you through the process to ensure you know what rights you have and what coverage is available to you.

Claim Evaluation and Preparation

Filing a worker’s compensation claim is more involved than saying you were hurt at work. A worker’s compensation law firm will help you prepare your claim by gathering evidence of the workplace injury or illness and any other documentation or supporting details needed.

Negotiation with Insurance Companies or Representation in Hearings and Trials

A workers’ compensation lawyer can negotiate with insurance companies on your behalf. This ensures you get the best settlement covering medical expenses, lost wages, and other related costs.

Further, your lawyer will represent you if a claim is disputed or denied.

Munley Law Pittston Workers’ Compensation Lawyer Helps Injured Workers

If you or a loved one suffered a workplace injury or illness and are now filing a worker’s compensation claim or disputing a denied claim, you need the workers’ compensation attorneys of Munley Law. We represent injured workers in Pennsylvania struggling with medical bills associated with a work injury.

Our attorneys are well-versed in workers comp law and will keep your best interests at the forefront of all we do. For years, we have worked to protect employees from unsafe working conditions and obtain compensation for their injuries.

Call the Pittston worker’s compensation lawyers today for a no-obligation, free consultation.

Munley Law Personal Injury Attorneys

1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406