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Scranton Workers Compensation Lawyer

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Workers compensation benefits exist to cover your medical treatment and lost wages following a workplace accident. Although every worker is covered under Pennsylvania’s workers compensation laws, it’s not uncommon for the insurance company to deny your claim. If this happens to you, a Scranton workers compensation lawyer at Munley Law can ensure you get the benefits you deserve.

When Should I Hire Workers’ Comp Lawyers in Scranton?

Scranton workers compensation lawyers Caroline Munley and Christopher Munley discuss a caseYou should hire our workers comp lawyers in Scranton as soon as possible. Workers’ compensation laws in Pennsylvania are incredibly complicated to understand. It can be straightforward for an employer’s insurance company to deny a claim, leaving you without the benefits you need to recover from your injury after a work-related accident. That’s why it’s always important to speak with an experienced lawyer to understand your rights as a worker and to have someone fight for you to get you the payment you deserve.

Our workers’ compensation attorneys have the expertise to determine whether you are likely eligible for payment. We will sit down with you and examine your accident, determine the best legal recourse in the future, and present you with options on how to proceed. If your compensation has been denied, we will represent you and help you file a claim with the Bureau of Workers’ Compensation. We’ll ensure you get the benefits you need to recover from your work injury.

Although many law firms say they handle workers’ comp claims, finding one with the same experience and prestige as Munley Law may be difficult. We offer a confidential and free consultation. Failing to consult with an attorney following an on-the-job injury may result in not receiving the benefits you are qualified for, so reach out to our Scranton worker injury lawyers as soon as possible.

How is a Workers’ Comp Settlement Calculated in PA?

There are several factors used to determine the settlement of a workers’ comp claim, including the type and severity of your injury, the medical expenses, the length of time you will be out of work, and the type of benefits you can receive, such as specific loss or disability.

All workers’ compensation cases are different, but these common factors could determine how much you can receive for your workplace injury:

  • The type and severity of injury you may have. For example, a herniated disc that will require surgery may be worth more than a sprained wrist.
  • Current and future medical expenses. If your workplace injury will require extensive medical bills such as surgery, rehabilitation, and ongoing treatments, you can expect a higher settlement amount.
  • Your wages. The higher your average weekly wage is, the higher your settlement value may be. the workers’ compensation rates provide two-thirds of your average weekly wage up to a maximum amount, which changes every year. As of January 1, 2024, the maximum amount is $1,325 per week.
  • Specific loss. If you lost the use of a body part, you could receive specific loss benefits. For example, if you suffer an amputation of your hand, you would get an additional amount of weekly benefits for the injury, up to 335 weeks.

What Workers Comp Benefits Can I Receive?

Under Pennsylvania workers’ compensation law, injured employees may qualify for one or more benefits, including medical expenses, lost wages, and disability benefits. The most common types of compensation benefits that our Scranton workers’ compensation lawyers can help you receive include but are not limited to:

  • Temporary Total Disability (TTD): Temporary Total Disability (TTD) benefits are available to injured workers who cannot return to work for a period of time. However, after 104 weeks on TTD, the insurance company may require you to undergo an Impairment Rating Evaluation to determine if you are still eligible for TTD or partial disability.
  • Temporary Partial Disability Benefits: If, after the evaluation, you are less than 50 percent whole-body impaired or cleared for light-duty work, you may qualify for partial disability. Should the light-duty job pay less than your old position, you are entitled to two-thirds of the pay difference based on your average weekly wage up to the maximum pay rate you previously earned.
  • Permanent Total Disability Benefits: If the doctor determines your condition will not improve, preventing you from returning to work, you could receive permanent total disability wages. You will receive two-thirds of your average weekly salary at the time of your injury. This amount may change depending on whether you also receive Social Security disability benefits.
  • Permanent Partial Disability Benefits: If the doctor says you have a partial disability that will not improve, you may receive two-thirds of your current and pre-injury wages for a maximum of 500 weeks.
  • Specific Loss Benefits: If you have lost the use of a body part in a work accident, you are eligible for specific loss benefits. Examples of injuries and bodily function loss include loss of limb, hearing loss, partial or complete blindness, and disfigurement. You can only collect specific loss benefits for a specific amount of time, so consult with a workers’ comp lawyer to learn what you may qualify for.
  • Medical Benefits: Workers’ compensation covers any medical expenses you might have, treatment, or rehabilitation related to your workplace injury. In the event of home modifications needed, this can also be used for those costs.
  • Lost Wages: If you are out of work for more than seven days because of the injury, you may receive approximately two-thirds of your salary for the time you lost from work.
  • Death Benefits: If a loved one dies due to a workplace injury, the family can recover workers’ compensation death benefits within 300 weeks of the injury and reimbursement for funeral expenses.

What is the 90 Day Rule For Workers’ Compensation?

The 90 day rule states that an injured worker must seek treatment for their work injury or illness with one of the healthcare providers selected by the workers’ compensation insurance company for 90 days. After 90 days, the injured worker can receive treatment from a healthcare specialist who may not be on the list.

If your employer does not provide a list of designated healthcare providers, or the list does not comply with the Pennsylvania Workers’ Compensation Act guidelines, the employee does have the right to treat with a provider of their choice.

What Is “Light Duty” And Does My Employer Have To Provide It?

Light duty is a term that defines a task that is physically or mentally less challenging than an injured worker’s normal job responsibilities. It is up to your physician, not your employer, to determine whether you are eligible for light-duty work. If your employer does provide light-duty work and your doctor has cleared it, it is in your best interest to accept the duties.

If you have not been cleared for light-duty work and your doctor says you’re not ready to return, you do not have to return to work. Injured workers may often be pressured to return to work as soon as possible without their doctor’s consent. If you are pressured into returning to your job early or feel like you cannot handle light duty, though you are required to do so, a workman’s compensation lawyer may be able to help.

How Long Does It Take To Receive Workers’ Comp Benefits?

As long as your claim is accepted by the insurance company, your workers’ comp benefits should begin within 28 days of the date of your injury.

However, if the claim is denied or a decision is not made within 21 days of your injury, you should seek the services of a qualified workers’ comp lawyer. If legal action becomes necessary, a fully litigated claim could take eight to twelve months before your case is resolved. Once it is decided and if it’s accepted, you will receive retroactive payments.

What Can I Do If My Workers Comp Claim Is Denied?

If your workers’ comp claim is denied, your first step is to contact a Scranton workers’ compensation attorney to file an appeal. The insurance company will often resist paying your benefits, claiming your injury was not work-related. Even a clerical mistake can result in denial of your payment.

You have up to three years to file an appeal with the PA Workers’ Compensation Bureau. Your experienced workers’ compensation lawyer will request a hearing with the workers’ compensation judge during that time. If the judge denies your claim, you can appeal to the Workers’ Compensation Appeal Board within 20 days. You can appeal with to Commonwealth Court if your claim is still denied.

What Is A Third-Party Claim in Workers Compensation Cases?

In some cases, you may be able to pursue a third-party claim while also collecting workers’ compensation. If someone other than your employer is responsible for your work-related injury, a workers’ comp lawyer in Northeastern Pennsylvania can help you seek reparations from the at-fault third party.

For example, if you were driving as part of your job duties and were in a crash, you could bring a claim against the negligent driver and collect workers’ comp benefits through your employer’s insurance company. It can be challenging to navigate a third-party claim independently, so reach out to a Scranton workers’ compensation attorney with experience in personal injury claims.

What If I Was Fired After Filing A Workers’ Compensation Claim?

Scranton worker injury attorneyAn employer cannot legally fire you for filing a workers’ compensation claim. The employer may give another reason for firing you, but if you think it could be related to your claim, you should contact an attorney as soon as possible to take further action to restore your benefits.

However, depending on your age and physical condition, an employer may ask you to retire if you receive workers’ comp. Retirement benefits should not affect the amount you receive under workers’ comp; however, there are instances where a worker may see a reduction upon retirement. If you plan to retire, ensure you know your plan’s details before signing anything.

What Should I Do If My Employer Refuses To File A Report For My Injury?

If your employer refuses to complete an injury report on your behalf, you can always file a claim petition for your payments. It would be advisable to have an attorney, as you will have to attend a series of hearings with a judge. It is best to have an attorney present in any legal proceeding.

Our Scranton Workers Compensation Lawyer Can Help

If you suffer an injury while performing your job duties, you may fear for your livelihood. A work accident can place you out of work for an extended period. You may need surgery, therapy, and rehabilitation.

The Scranton workman’s compensation attorneys at Munley Law will fight to ensure you have everything you need until you can work again. In addition to securing your workers’ compensation benefits, we will explore all other possible sources of recovery. For instance, if your injury resulted from a piece of faulty machinery, you may have cause to pursue a claim against the manufacturer.

At Munley Law, cost should not stand in the way of justice for the injured. Therefore, we do not collect a fee for our services unless we recover your benefits. As our client, you will not have to pay anything upfront.

Chat, email, or call us today to arrange a free consultation with a Scranton personal injury attorney. You don’t pay until we win your case.

Personal Injury Claims We Handle in Scranton, PA:

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    Munley Law Personal Injury Attorneys

    227 Penn Ave.
    Scranton, PA 18503

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