Injured on the Job? Let Our Stroudsburg Workers’ Comp Attorneys Help.
Anyone injured while on the job in Stroudsburg has the right to receive compensation for your workplace accident. Unfortunately, this does not always happen. Workers often face obstacles to getting the benefits they deserve. With the workers’ compensation system in Pennsylvania being so complex, it can be challenging to know your next steps following a workplace injury. Fortunately, a Stroudsburg workers’ compensation lawyer can help.
$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 Accidents
For more than 60 years, our workers’ comp attorneys have fought on behalf of injured workers and their families throughout the Poconos region. As a result, we have earned the trust of our clients and the respect of our peers — for example, J. Christopher Munley was named Workers’ Compensation Lawyer of the Year by Best Lawyers in America for 2016.
Workers’ compensation can be complicated. A Stroudsburg work injury attorney at Munley Law can answer your questions. Chat live, fill out our contact form, or call for a free consultation. We do not collect a fee for our services unless we recover your benefits.
What Injuries are Covered Under Workers’ Compensation?
Any injury or illness you receive because of your job entitles you to workers’ compensation. The injury could be a sudden accident — such as a slip and fall — or long-term damage such as a repetitive motion condition.
Many workers in Stroudsburg may be exposed to chemicals or toxins that result in serious illnesses. If an employee is exposed to dangerous toxins over a long period, causing a disease, you are eligible for workers’ comp.
In addition, any work that irritates a preexisting injury can entitle an employee to benefits. For example, if their current job worsens an employee’s previous back injury, they are eligible for workers’ compensation benefits. Unfortunately, many insurance companies deny a claim because of prior injury. Call our Stroudsburg workers’ comp lawyer immediately if this happens to your lawsuit.
Why Was My Workers’ Compensation Claim Denied?
Workers’ compensation is meant to protect employees who were injured while working. According to the Pennsylvania Workers’ Compensation Act, employees receive medical treatment and payment for lost wages following workplace injuries. Employers are required by law to have workers’ compensation insurance; not having coverage could result in criminal prosecution by the state.
Workers’ compensation benefits include any medical treatment you require and your wages if you cannot work for an extended time. However, it’s not always that simple. After you submit your claim, you may receive a denial letter.
Here are a few reasons why a workers’ compensation gets denied:
- You didn’t report your injury to your employer in time. In Pennsylvania, you have 120 days from the date of the injury to let your employer know. If you report the accident after that time frame, you will not collect benefits.
- There’s a difference between the accident report and the initial medical records. For example, you fell off a ladder at work and said you injured your leg. However, when you receive medical attention, it’s discovered you also received a concussion though there’s no mention in the incident report that you hit your head.
- You filed the claim after being laid off or fired from the job. Filing a claim after you leave your job may seem suspicious to the workers’ compensation insurance company and could result in an instant denial.
- No one witnessed the accident. Your employer could try to say that your injury wasn’t caused by an accident while you were working since no one witnessed the accident.
- You are not cooperating with the claims process. Even if you feel as if the claim process is against you, refusing to sign any paperwork or provide any statements for the insurance company could hurt your workers’ compensation claim.
Whatever the reason for the denial, an experienced Stroudsburg workers’ comp lawyer can help. If you have been denied your benefits, contact Munley Law for a free consultation. We will help you with the claims and appeal process and ensure that you deserve the benefits.
What Workers’ Comp Benefits Are Available For PA Workers?
There are several types of workers’ compensation benefits for injured workers in Pennsylvania. In addition to medical benefits, travel expenses, and death benefits, you may be eligible for the following benefits:
If you are totally disabled following an accident and cannot return to work, you will receive total disability payments. These weekly benefits begin after eight days of being out of work. If your injury keeps you out of work for more than 14 days, your benefits are payable after the first week. Total disability payments equal two-thirds of your average weekly wage.
After 104 weeks of total disability payments, the workers’ compensation insurance provider will review the claim at an Impairment Rating Evaluation (IRE). If the impairment rating is above 50%, you will continue to receive benefits and be considered totally disabled. If it’s less than 50%, your claim will be converted to a partial disability designation, and your payments will be limited to no more than an additional 500 weeks.
Partial disability is given to injured workers who cannot return to regular work are is either given light-duty, or you were found not totally disabled. These benefits are equal to two-thirds of the difference between your average weekly wage at the time of the injury and your present earnings. You can receive these benefits for 500 weeks if you continue to work at a lower wage.
Specific loss means a worker is entitled to compensation if they suffered from a permanent loss or specific loss or use of a body part due to a work injury, such as an amputation, loss of hearing, or vision loss. Depending on the healing period, each body part gets a different maximum number of weeks you can go on workers’ compensation. For example, suppose you lost a leg in a workplace accident. In that case, the maximum number of weeks you can be on workers’ compensation is 410 weeks compared to a disfigurement on your face, which has a maximum period of 275 weeks.
What to Do After a Workplace Injury in Stroudsburg?
Immediately after the injury occurs, report it to your supervisor and fill out an incident report, no matter the severity of your injury. Even seemingly minor injuries may develop into something more severe over time. Remember, you only have a limited amount of time to report workplace injuries, and failure to do so may result in denial of your benefits, so don’t hesitate.
Next, seek medical treatment as soon as possible. To receive workers’ compensation, a doctor must verify that your injury was caused by the accident and that you cannot work or require “light duty” placement. According to the Pennsylvania Workers’ Compensation Act, your employer must provide you with a list of at least six doctors to choose from for the first 90 days of your treatment. After 90 days, you may continue to treat with any doctor of your choice.
The doctor is the only one who has the authority to tell you when you can return to work. Your employer or the insurance company may try to pressure you to return to work sooner than you’re ready to. But it’s your doctor who makes that decision, not the employer. So make sure you let your doctor know what type of work you do and what hazards you are exposed to so they can help you heal properly from your injury.
Keep a record of all medical treatment and any correspondence from your employer and insurance company throughout the process.
Frequently Asked Questions About Workers’ Compensation in Stroudsburg
Q: Can I Sue My Employer for My Workplace Accident?
In Pennslyvania, injured workers cannot sue their employers for an injury suffered on the job, even if the employer is responsible for the accident.
Q: What is “Light Duty”? Do I Have to Go on It?
Light duty is a job that is less challenging than your regular job. For example, if you work at a warehouse you experience a back injury after lifting heavy boxes, you may get a light-duty position that requires something less strenuous, such as office work. Light duty gives employees a chance to return to work after an injury while still receiving workers’ compensation benefits. It’s up to your doctor to decide whether you can handle light-duty work.
According to the PA workers’ compensation, you must be willing to accept a light-duty offer as long as your doctor has approved and your employer offers a job that meets the restrictions. In some cases, you may lose workers’ comp benefits if you reject an employer’s offer of light-duty work.
Q: What is a Third-Party Claim?
While you cannot sue your employer for a work injury in Stroudsburg, you may have other options besides workers’ comp. If another party contributed to your accident, you might have cause to bring a third-party claim. For example, if a malfunctioning machine caused your injury, the manufacturer may be at fault. A Stroudsburg injury lawyer at Munley Law will investigate every possible source of recovery to get you the maximum benefits.
Q: Can My Employer Fire Me While I’m on Workers’ Comp?
According to workers’ compensation law, your employer cannot fire you for being on workers’ compensation. In addition, you cannot be fired in retaliation for reporting a workplace injury, filing a claim, or receiving benefits. Yet, your employer may fire you for another reason, such as you cannot continue doing the same job responsibilities following the accident.
It’s also important to mention that you should not quit your job before filing a claim since it can be challenging to prove the claim. Even quitting your job after filing can make it hard to prove the claim’s validity.
If you lose your job following a workplace accident, it’s best to speak with an experienced workers’ compensation lawyer in Stroudsburg to learn your legal options.
Q: Is There Anything That Workers’ Compensation Doesn’t Cover?
If your injuries were self-inflicted or were caused by violating the law, you are not eligible for workers’ comp. For example, you were driving to work after meeting with a client and had a couple of drinks. As a result, you get into a car accident and are cited for drunk driving. Although you were working at the time of the accident, you may not receive workers’ compensation benefits since you were drinking and driving at the time.
Contact a Stroudsburg Workers’ Comp Attorney at Munley Law Today
If your benefits have been denied, suddenly stopped, or if you have questions about workers’ comp, call us today for a free consult. We work on a contingent fee basis, so we do not collect a fee unless we obtain your benefits for you.
For more than 60 years, our Stroudsburg worker injury lawyer at Munley Law has been helping employees through Monroe County and the Poconos with their workers’ compensation cases. We understand how difficult it can be to navigate the workers’ compensation laws and have successfully fought for injury victims for decades. If you get into an accident at work and face problems with a workers comp claim, call Munley Law today for a free consultation. We don’t get paid until we win your case.