A Stroudsburg workers compensation lawyer can help anyone injured while on the job in Stroudsburg. Monroe County workers have the right to receive compensation for a workplace accident. Unfortunately, this does not always happen. Workers often face obstacles to getting the benefits they deserve. Knowing your next steps following a workplace injury can be challenging with the complex workers’ compensation system.
Serving the Stroudsburg community for 65 years, Munley Law has earned our clients’ trust and our peers’ respect. Our board-certified Stroudsburg workers comp attorneys can help you get your benefits following a workplace accident. Contact our Stroudsburg office to schedule a free consultation. We do not collect a fee for our services unless we recover your benefits.
Types of Workers Compensation Benefits in Stroudsburg
According to the Pennsylvania Workers Compensation Act, workman’s compensation benefits are meant to pay any expenses related to your work injury. You may also be eligible for the following benefits:
Medical Expenses: Your workers compensation benefits will pay for any medical treatment you may receive for your injuries following a work injury. This includes ER visits, lab testing, surgery, or medical equipment.
Lost Income: If you could not work for at least seven days, you would receive approximately two-thirds of your average weekly salary for the time you lost.
Total Disability Benefits: If you are entirely disabled following an accident and cannot return to work, you will receive total disability payments. Your 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 percent, you will continue to receive permanent disability benefits and be considered totally disabled. If it’s less than 50 percent, your claim will be converted to a partial disability designation, and your payments will be limited to a maximum of 500 weeks.
Partial Disability Benefits: Partial disability is given to injured workers who cannot return to their jobs but can still work. For example, if you lost an arm in a workplace accident, you may not be able to return to work as a warehouse worker but can do a different job, such as an office worker. These benefits will pay for the disability, equaling 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 up to 500 weeks if you continue to work at a lower wage.
Specific Loss Benefits: An injured worker is entitled to compensation if they suffered from a permanent 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, if you lost a leg in a workplace accident, the maximum number of weeks you can receive specific loss benefits is 410 weeks.
Death Benefits: When a worker dies due to an accident or disease caused during the regular scope of their job duties, the surviving family members may be eligible to receive benefits for funeral expenses and burial costs. Those eligible for death benefits include a spouse, minor children, a dependent adult child, or a parent.
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The Claims Process For Workers Compensation Benefits in Stroudsburg
As soon as the injury happens, please 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.
After reporting your injury, you must seek medical attention. Stroudsburg is home to prestigious medical facilities, such as Lehigh Valley Hospital-Pocono and St. Luke’s Monroe Campus. To receive workers’ compensation, a doctor must verify that your injury was caused by an accident and that you cannot work or require “light duty” placement. According to the Pennsylvania Workers’ Compensation Act, your employer may provide a list of at least six doctors for whom you must receive medical care for the first 90 days of your treatment. After 90 days, you may continue to be treated by any doctor.
The doctor is the only one with the authority to tell you when you can return to work. Your employer or the insurance company may pressure you to return to work sooner than you can. 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.
Throughout the process, record all medical bills and treatment you received and any correspondence from your employer and insurance company.
Common Workplace Injuries in Stroudsburg, PA
Any job injury or illness entitles you to workers’ compensation. The injury could be a sudden accident, like a slip and fall, or long-term damage, such as lung cancer caused by exposure to asbestos. The most common types of work-related injuries in Stroudsburg include:
- Traumatic brain injuries: Traumatic brain injuries (TBIs) result from a sudden blow to the head, as well as from a penetration injury to the head, that can result in damage to the brain. It is a severe injury that can have significant physical, cognitive, and emotional effects.
- Sprains and strains: These injuries occur when a muscle or ligament is stretched or torn. They can be caused by overexertion, sudden movements, lifting heavy objects, or repeating the same motions over time.
- Repetitive motion injuries: Repetitive motion injuries at work are caused by repeating the same motions repeatedly, leading to stress and strain on the muscles, tendons, and nerves. These injuries can occur in various industries, including office work, manufacturing, and assembly line work.
- Back injuries: Most back injuries can occur due to various causes, including lifting heavy objects, repetitive motions, or slips and falls. Employees who perform physical labor, such as construction, factory, and healthcare workers in Stroudsburg, are at increased risk for a work injury involving their back.
- Fractures: A worker who suffers a fracture on the job most commonly has experienced a slip and fall, a motor accident, damage from a falling object, or contact with defective machinery.
- Burns and electrical injuries: There are four significant types of burns resulting from workplace accidents: thermal, chemical, electrical, and radiation.
- Eye injuries: Eye injuries in the workplace usually happen when a particle flies into the eye or an object impacts the eye.
- Amputations: Amputations are some of the most serious and debilitating workplace injuries. They are widespread and involve a variety of activities and equipment. Amputations occur most often when workers operate unguarded or inadequately safeguarded mechanical power presses, power press brakes, powered and non-powered conveyors, printing presses, roll-forming and roll-bending machines, food slicers, meat grinders, meat-cutting band saws, drill presses, milling machines as well as shears, grinders, and slitters. These injuries also happen during materials handling activities and when using forklifts and doors, as well as trash compactors and powered and non-powered hand tools. If you lose a body part in a workplace accident, you may receive specific loss benefits.
- Hearing loss: Hearing loss is a common medical condition faced by different types of employees across various industries. However, people more likely to be affected work in manufacturing, mining and oil/gas extraction, agriculture, construction, and carpentry. It is estimated that 22 million workers are exposed to potentially damaging noise yearly.
- Wrongful death: In the horrific event that a loved one dies as the result of a job-related injury, a wrongful death suit can be filed along with a worker’s compensation case to help the family receive payments. Contact Munley Law to speak with an experienced workers’ comp attorney in Stroudsburg who will help determine if you’re eligible to receive workers’ compensation death benefits.
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 personal injury lawyer immediately if this happens to your case.
Frequently Asked Questions About Workers Comp in Stroudsburg, PA
What is “Light Duty” in Stroudsburg?
Light duty is a job that is less challenging than your regular job. For example, you work at a warehouse and experience a back injury after lifting heavy boxes. You may get a light-duty position requiring something less strenuous, such as office work. Light duty allows employees to return to work after an injury while 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 laws, injured employees must be willing to accept a light-duty offer as long as a doctor has approved the job duties and your employer offers a job that meets the restrictions. You may sometimes lose workers’ comp benefits if you reject an employer’s offer of light-duty work. If you feel the light duty assignment is too much for your injuries, it is best to speak with a Stroudsburg workers compensation attorney to see your options.
What is a Third Party Claim for Injured Stroudsburg Workers?
A third party claim is a separate personal injury claim you can file against another person or organization. For example, while working on a new machine, the machine malfunctions and cuts off a piece of your finger. Since the accident happened while at work, you can file a workers’ compensation claim, but let’s say you learn that the machine’s flaw caused the malfunction, and the manufacturer knew about it. In such a case, you may have a third party claim against the manufacturer.
Third party claims can provide extra compensation for your injuries. Whereas workers’ compensation pays your medical expenses and loss wages, a third party claim can also pay for non-economic damages such as pain and suffering, emotional distress, and loss of consortium.
It’s important to note that if you get into an accident while on the job, you cannot bring a personal injury claim against your employer for the accident. Workers’ compensation is a no-fault system, meaning that you will receive benefits for the accident no matter if you or anyone else is responsible.
A work injury lawyer at Munley Law will investigate every possible source of recovery to get you the maximum benefits with your patient review.
There is no fee unless we win your case.
What Happens If Your Stroudsburg Workers’ Comp Claim is Denied?
There are various reasons why your workers’ comp claim is denied, such as failing to report the injury, filling the claim after being let go, or not cooperating with the process. That’s why it’s essential to have legal representation available to help you with your claim.
Some reasons why your work injury claim was denied include:
- 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. You will not collect benefits if you report the accident after that time.
- There’s a difference between the accident report and the initial medical records. For example, you fell off a job ladder 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 the claim process is against you, refusing to sign any paperwork or provide statements for the insurance company could hurt your workers’ compensation claim.
Whatever the reason for the denial, our Stroudsburg worker’s compensation lawyers can help. If you have been denied benefits, contact Munley Law for a free consultation. We will help you with the claims and appeal process and ensure you deserve the benefits.
Our Stroudsburg Workers Compensation Lawyer Can Help
If your benefits have been denied or stopped, or you have questions about a workers’ compensation claim, call our Stroudsburg workers’ compensation lawyers today for legal advice. We work on a contingent fee basis, so we do not collect a fee unless we obtain your benefits for you.
With 65 years of experience, our board-certified Stroudsburg workers’ comp lawyers have been helping employees in Stroudsburg, East Stroudsburg, Mount Pocono, and Monroe County 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 or a loved one gets into an accident at work and face problems with a workers comp claim, call our Stroudsburg law firm today for a free consultation. We don’t get paid until we win your case. You pay nothing until you win your case.
Munley Law Personal Injury Attorneys
27 N 6th St,
Stroudsburg, PA 18360
(570) 338-4494
