Workers’ Compensation Lawyer

When you sustain a work-related injury or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, workers’ comp benefits cover most employees. However, these benefits may not be as straightforward as they seem. Many times, the insurance company will try to deny your claim. They may try to say your injuries were not sustained while on the job, your injuries are exaggerated, or you failed to file your claim correctly. If this happens, you need a skilled workers’ compensation lawyer to help you with your workers’ comp claim.

If you’re having trouble with your workers’ compensation claim, speak with a personal injury lawyer at Munley Law Personal Injury Attorneys. For 65 years, our workers’ comp attorneys have been helping injured workers file workers’ comp claims and get the benefits they are owed.

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The Definition of Workers’ Compensation Benefits

Workers’ compensation benefits exist to pay for medical expenses and lost wages when you suffer a work-related injury, become ill, or aggravate an existing condition while on the job. Your employer is legally obligated to carry employee workers’ compensation insurance, and most employees are covered by workers’ compensation, regardless of their status as part-time or full-time and who was at fault for the accident.

Unfortunately, many injured employees do not understand the workers’ compensation process. Many are afraid to tell their employer of their injuries for fear that they may lose their jobs or they can’t afford to take time off of work. Some workers may feel that the employer or insurance company will resist paying benefits and blame the injury on something they did off duty.

But you should never feel shame or fear about reporting a workplace injury and pursuing the benefits you are entitled to under the law. Your right as an employee is to file a workers’ comp claim and have your medical expenses and wages paid while you recover from the injury. The experienced workers’ compensation lawyers at Munley Law Personal Injury Attorneys can help you navigate the process, inform you of your rights, and help you work through any obstacles.

A workers’ compensation attorney at Munley Law Personal Injury Attorneys can help you file your claim, prepare for and attend workers’ comp hearings, and appeal denials if necessary.

When to Hire a Work Injury Lawyer

You may not need a lawyer if you have reported your injury to your employer, applied for workers’ compensation, and received your benefits. However, the aftermath of a work injury can be harrowing, and the application process can be confusing. Knowing whose advice to take and how to protect your rights may be challenging.

In certain situations, you need a workman’s comp lawyer to help you through the process. Some common scenarios include:

• You suffered a severe injury that will keep you out of work for an extended period of time
• Your workers comp claim is denied or is being delayed by your employer or the insurance company
• You have a pre-existing condition that was aggravated by the work injury
• The insurance company is requiring you to submit to an independent medical exam (IME)
• You want to file a claim against the third party.

If you need help navigating the claims process, a Pennsylvania workers comp lawyer at Munley Law can review the details of your case, inform you of your rights as an employee, and walk you through the proper steps to take – all at no charge.

The Types of Workers’ Compensation Benefits

Normally, there are several types of benefits you will receive after an accident at work:

Medical Coverage: This includes any medical costs relating to your injury. These claims are not limited to a specific dollar amount and should cover all co-pays and deductibles. It will also include doctor’s appointments, lab tests, ER visits, medication, medical equipment (such as a wheelchair), and ongoing care.

Lost Wages: If you cannot work after an accident, you will receive a percentage of your wages and disability benefits. There are temporary and permanent benefits, depending on how long you are meant to stay out of work.

Specific Loss Payments: If your work injury resulted in permanent scarring/disfigurement,  the loss of a limb, or impaired use of a body part, you may be eligible for “specific loss” payments. Unlike regular workers’ compensation, you may collect specific loss payments even if your injury does not stop you from working. You do not need to be out of work to receive specific loss compensation. You simply must be able to show that your injury happened in the course of your job duties. You must also notify your employer of the injury within 120 days of its occurrence and submit a workers’ compensation claim within three years of the injury’s sustained date. However, the earlier you act, the better.

Death Benefits: If a worker dies as a result of a job injury or illness, the worker’s family is entitled to receive death benefits. Even if the injury or illness did not cause immediate death, death benefits may apply if the worker passed away within 300 weeks of sustaining the workplace injury or toxic exposure. Workers’ compensation death benefits are paid to surviving family members who depend on the deceased person for financial support. Those eligible include a spouse, minor children, a dependent adult child, or a parent. Workers’ compensation must also pay reasonable burial costs, up to $3,000. A petition for death benefits must be filed within three years of the worker’s death.

If Your Workers’ Comp Claim is Denied

In some cases, the workers comp claims process is simple: your claim is approved, you receive your benefits promptly, and you continue receiving payments for as long as you require them. However, this is not always the case.

You still have options if you receive notice that your claim has been denied. It is not uncommon for a workers’ compensation claim to be dismissed at first. There are several reasons the insurance company may try to deny a legitimate claim, such as:

• The insurance company believes the accident did not happen while you were working
• There is a pre-existing condition
• You did not report the accident or seek medical treatment immediately
• There is a lack of medical evidence to support your claim
• Clerical errors or a deadline was missed

Whatever the reason, if you were injured while on the job in Pennsylvania, you have the right to claim workers compensation benefits. Contact a Pennsylvania workers comp attorney as soon as possible to start the appeals process and get the benefits you deserve.

What if My Workman’s Comp Claim is Delayed?

When an employer or insurance company delays the workers’ comp claim, an injured worker may be eligible to file a penalty petition. Actions that may warrant a penalty petition can include:

• Delaying payment to a claimant without cause
• Terminating benefits unjustly
• Denying a claim due to an improper investigation of the work injury
• Failing to notify the injured worker within 21 days that the claim is denied
• Failing to pay medical bills

A workers’ compensation attorney at Munley Law Personal Injury Attorneys can file a penalty petition on your behalf. Injured workers who file a penalty petition may be eligible for an award of up to 50 percent of the past-due amount owed, plus interest, and attorney fees.

Industries With the Most Workplace Injuries

According to the U.S. Department of Labor’s U.S. Bureau of Labor Statistics, there were over 2.6 million recorded injuries and illnesses in the private sector in 2021. On average, an illness or injury kept a worker out of a job for one day in 2021. As you can imagine, some industries saw more injuries and illnesses than others.

Warehouse and Heavy Machinery Accidents

Serious and even fatal injuries can occur in industrial and warehouse settings. Working around heavy machinery and equipment can lead to an accident; the machinery may be defective, or there may be a lack of proper safety training. Injuries from accidents involving dangerous machinery can include crushed limbs, hands or fingers, amputation, broken bones, lacerations, electrical burns, and wrongful death.

You may also receive an illness while working at a warehouse. Work-related illnesses can occur from exposure to hazardous chemicals and other dangerous materials at work. Exposure to these dangerous toxins and chemicals can lead to serious respiratory conditions, renal disease, chemical burns, and some forms of cancer, including mesothelioma.

Construction Accidents

According to the Occupational Safety and Health Administration (OSHA), the construction industry is one of the most dangerous occupations in the U.S. The leading causes of private construction industry deaths were falls, being struck by objects, electrocution, and being caught in between objects. Those four causes were responsible for 64.2 percent of construction worker fatalities.  Falls, electrocution, crushing injuries, and equipment-related accidents can seriously injure workers. Construction injuries can include:

• Traumatic brain injury
• Concussions
• Head and neck injuries
• Burns and electrical injuries
• Hearing loss
• Vision loss
• Fractures
• Amputation
• Knee, shoulder, and elbow injuries
• Back injuries
• Wrongful death

Transportation Accidents

Truck drivers have dangerous jobs. According to OSHA, the trucking and transportation industry sees a high rate of work-related fatalities.  Not only are truck drivers under pressure to deliver goods in a timely manner, but they’re on the road for hours at a stretch. This has a major impact on the driver’s health, not to mention the possibility of getting into a truck accident with another tractor-trailer or a passenger vehicle.

Healthcare Worker Accidents

According to OSHA, “a hospital is one of the most hazardous places to work.” OSHA has explained that “the rate of injury (in a hospital) is almost twice the rate for private industry as a whole.” Part of this high risk is due to what healthcare workers experience daily. Healthcare professionals typically work long hours under physically demanding conditions: exposure to disease, hazardous materials, lifting patients, performing repetitive tasks, and putting patients’ needs ahead of their own.

If you are exposed to infectious disease or suffer an injury while caring for a patient, you are entitled to seek workers’ compensation.

Third Party Claims After a Workplace Accident

Workers’ comp insurance allows you to collect compensation for work-related injuries without filing a lawsuit against your employer. However, there are certain situations where you can bring a claim against a third party. A third-party claim is an action against another person or entity responsible for your injury. For example, if a faulty piece of machinery resulted in an accident, you may have cause to bring a claim against the machine’s manufacturer. Even if you receive workers’ compensation benefits, you may pursue a third party claim in addition to your existing comp claim.

At Munley Law Personal Injury Attorneys we have represented numerous workers whose job-related injuries involved negligent third parties. For example, we handled the third-party claim for a woman who was seriously hurt in a forklift accident and secured a $12 million settlement.

Contact a Munley Law Personal Injury Attorneys comp attorney to learn more about your legal options. We will explore every avenue to make sure you get the maximum recovery.

Can I Sue My Employer for a Work Injury?

Workers’ compensation insurance exists to compensate injured workers without a lawsuit. This means you can get the money you need fast, and you do not have the same burden of proof as personal injury cases. Workers’ compensation is a no-fault statute. You do not need to prove that your employer was negligent, only that you sustained the injury while performing your job. Because workers’ compensation insurance exists, employees cannot sue their employers for a work injury.

What to Do After a Work Accident

If you were hurt at work, your first step is to report it to your supervisor and fill out an incident report. Under the law, you must notify your supervisor at your place of employment within 120 days from the date of injury. Failure to do so can result in denial of your claim, so report your injury as soon as possible. Even if your injury seems minor, it’s best to have a record of the incident in case you begin to feel more pain as time goes on.

After you report your injury, workers’ compensation insurance representatives may contact you for details. Do not sign any insurance document or offer of settlement until a workers’ comp lawyer has reviewed it first. If you have questions about how to apply for workman’s compensation, or if your claim has been denied, call us for a free consult.

Let a Workers Compensation Lawyer at Munley Law Help You

If workers’ comp denies your claim, you should seek a work injury lawyer immediately. Our dedicated team of workers compensation lawyers will help you get the benefits you deserve.

Our workers’ comp lawyers understand that the aftermath of a work-related accident can be a difficult time in your life. We are here to help. Contact us now for a FREE case evaluation for your worker compensation case. Call, email, or chat online. A work accident injury team member will get back to you immediately.