Scranton Workers’ Compensation Lawyer

A Scranton workers’ compensation attorney can provide essential support if you encounter difficulties with your workplace injury claim. Workers’ compensation benefits are intended to cover medical treatment and lost wages following an on-the-job accident. Although Pennsylvania law requires coverage for all workers injured, insurance companies frequently delay or deny workers’ comp claims. If you are facing an issue with your work injury claim, the workers’ compensation lawyers at Munley Law can advocate for you. Contact our Scranton law office today to schedule a free consultation.

When to Hire a Scranton Workers’ Compensation Attorney

You should hire our Scranton workers’ compensation lawyer 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 Scranton workers’ compensation lawyers have the expertise to determine whether you are likely eligible for payment. We will sit down with you and examine your accident, determine the dedicated legal recourse in the future, and present you with options for proceeding. If your workers’ compensation claim 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.

Why Should I Hire a Scranton Workers’ Compensation Lawyer at Munley Law?

Although many law firms claim to handle workers’ compensation claims, finding one with the same experience and prestige as Munley Law is challenging.

Our Scranton workers’ compensation team consists of certified specialists in workers’ compensation law by the Pennsylvania Bar Association—a prestigious credential authorized by the Pennsylvania Supreme Court and held by only about 200 lawyers statewide. The attorneys have dedicated over five years to workers’ compensation law, with at least 50% of their practice focused exclusively on this specialized field.

The Scranton workers’ comp lawyers at Munley Law maintain their expertise through Mandatory Continuing Legal Education in workers’ compensation law. They have demonstrated their comprehensive knowledge by passing the rigorous certification examination, which covers workers’ compensation law, rules, and leading case law. As part of Munley Law, our workers’ compensation attorneys have secured millions of dollars for workplace injury victims throughout Northeastern Pennsylvania.

Their exceptional advocacy has earned them recognition among the Top 25 Trial Lawyers in PA, Best Lawyers in America, and membership in the Multi-Million Dollar Advocates group. Our team treats each client like family while leveraging our specialized expertise to ensure you receive the maximum benefits you deserve. Contact our Scranton worker injury lawyers today to benefit from our team’s expertise and commitment to helping you secure the full compensation you are entitled to for your workplace injury.

Workplace Injury Statistics for Scranton and Lackawanna County

Healthcare, construction, warehousing, and transportation workers face particularly high injury risks in the Greater Scranton area. With Lackawanna County experiencing workplace injury rates above the Pennsylvania average of 2.6 cases per 100 workers, these statistics reflect the industrial nature of our region. The area’s expanding warehouse districts, including facilities for companies like Amazon, Chewy, Home Depot, and others, report numerous injuries related to repetitive motion, heavy lifting, and equipment operation.

Because of the many warehouses in Lackawanna County, the most common type of injury Scranton workers face is overexertion, which includes lifting, pulling, and pushing heavy objects. Sprains and strains are other common injuries among those working in the Electric City healthcare industry, such as Geisinger, Commonwealth Health, and the Lehigh Valley Health Network.

When these injuries occur, Pennsylvania workers typically receive only two-thirds of their salary during recovery periods, which can create significant financial hardship for families. Having experienced legal representation is essential to navigating the complex workers’ compensation system and securing the full benefits you deserve. Our certified workers’ compensation attorneys understand these local industry risks and have decades of experience helping injured Scranton workers recover the compensation they need to support their families during recovery.

How Scranton Workers’ Compensation Attorneys Calculate Your Settlement

Several factors 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. All workers’ compensation cases are different, but these common factors could determine your workers’ compensation coverage:

• 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, 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 weekly.
• 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.

Speak with a Scranton workers’ compensation lawyer near me.

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Workers’ Compensation Benefits Available to Injured Scranton Workers

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 or the workers’ compensation coverage 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 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 Expenses: 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.
• Social Security Disability: You may be eligible to receive both Social Security Disability Insurance (SSDI) benefits and workers’ compensation.

How to File For Workers’ Compensation After a Workplace Accident in Scranton, PA

Filing for workers’ comp the right way following a workplace accident is essential. Failing to follow the claims process may cause you to lose your benefits. Follow these steps on what to do after an injury at work in Scraton:

Report Your Accident to Your Supervisor in Scranton

Even if you don’t think you were injured, your supervisor must know about the accident. Not only will this prevent other workers from getting into a workplace accident, but the accident is already on record if an injury does show within the next couple of ways.

Your employer must post the contact information of the company’s workers’ compensation insurance carrier, its administrator, and the contact person. You will need this information when you submit your claim.

If you are injured, you must report your injury within 120 days of the accident. Failure to do so may mean you lose your rights to workers’ comp.

Document Your Scranton Work Injury

Go to the doctor immediately after the accident to get checked out. That way, there is a medical record that shows how your injuries were caused by the accident, the medical treatment plan you are expected to follow, and any additional follow-up for your treatment. It’s important to follow the treatment plan and all your appointments.

The doctor, not your employer or insurance company, will decide whether you should return to work or restrict your duties.

It may be in your best interest to keep a journal during this time that records doctor visits and any pain or other issues you may be experiencing following the accident.

Find a Scranton Workman’s Comp Attorney

There may be issues down the road with your workers’ comp claim. Or you just have questions about the whole process. Whatever the case, it’s best to find an experienced workman’s compensation lawyer to answer your questions and help you with your claim.

Call Munley Law today to schedule a free consultation.

Frequently Asked Questions About Workers’ Compensation in Scranton

Have a question about your workers’ comp claim? We answer our most common client questions about workers’ compensation benefits, the claim process, and what to expect when working with our experienced workers’ comp attorneys in Scranton, PA.

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 professional who may not be on the list.

How Much Does a Workers’ Compensation Attorney Cost in Scranton?

Our workers’ comp attorneys work on a contingency fee. A contingency fee is a common arrangement lawyers use to receive a percentage of their client’s monetary amount when they win or settle the case. In a contingency fee agreement, the lawyer only receives compensation if we have successfully represented our client. The amount your lawyer receives is contingent upon what we win for you.

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, resolving your case could take eight to twelve months. Once it is decided and if it’s accepted, you will receive retroactive payments.

How Much Does Workers’ Compensation Pay?

Generally, if the injury or disease is ruled compensable, a worker is entitled to about two-thirds of their total salary if recovery lasts longer than seven calendar days. There is no maximum payment period. Payments are made for the entire duration of the disability and are tax-free. The employee is entitled to workers’ comp payments until they have medically recovered with no work restrictions established by a workers’ compensation judge’s decision.

Does Workers’ Compensation Cover Long-Term Conditions and Illnesses?

Workers comp eligibility is limited to occupational disease and injury, but certain restrictions exist. The workman’s comp program will cover you in the case of an accident, injuries sustained due to long-term stress, illnesses developed due to the job conditions, or an injury occurring on the job.

Speak with a qualified workers’ compensation attorney in Scranton for free if you have any questions.

Does Workers’ Compensation Cover all Scranton Employees?

Yes. The Pennsylvania Workers’ Compensation Act provides workers’ comp coverage for all employees as a general rule. There are a few exceptions.

According to the PA Department of Labor and Industry, “workers’ compensation coverage is mandatory for most employers under Pennsylvania law. Employers who do not have workers’ comp coverage may be subject to lawsuits by employees and to criminal prosecution by the Commonwealth.

Do All Workers’ Compensation Cases End in a Settlement?

Most workers’ compensation claims will end with a settlement that works best for both sides between the employee and the employer’s insurance company. Still, there are many instances where no agreed-upon settlement can be reached, and the case ends up in court.

To ensure you receive maximum compensation or the dedicated representation in the case of a trial, you should have an experienced lawyer by your side.

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

If your workers’ comp claim is denied, your first step is to contact a workers ‘compensation attorney to file an appeal. Insurance companies 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 state Workers’ Compensation Bureau. Your work injury lawyer will request a hearing with the workers’ compensation judge. If the judge denies your claim, you can appeal to the Workers’ Compensation Appeal Board within 20 days. You can appeal to the Commonwealth Court if you still receive a denial.

Our experienced Scranton workers’ comp attorneys are here to help.

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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. 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 through your employer’s insurance company. It can be challenging to navigate a third-party claim independently, so contact a Scranton personal injury attorney with experience in workers’ compensation claims.

What if I Was Fired After Filing a Workers’ Compensation Claim?

An employer cannot legally fire you for filing a workers’ compensation claim. Employers may give another reason for firing you, but if you think it could be related to your claim, you should call 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 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, 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 Workers’ Compensation Lawyer in Scranton 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 and rehabilitation. Contact a Scranton workers’ compensation lawyer today to schedule a free consultation.

Munley Law Personal Injury Attorneys

227 Penn Ave.
Scranton, PA 18503
(570)865-4699