Workers’ compensation is a form of insurance that provides benefits to employees who are injured or become ill as a result of their job. The benefits typically include payment for medical expenses, lost wages, and rehabilitation costs, as well as compensation covered for permanent disabilities. Typically, workers’ compensation is mandatory for most employers.
Workers’ compensation is designed to provide employees with a way to receive compensation for job-related injuries or illnesses and to prevent lawsuits against employers when an employee is injured. Like most things, however, the details aren’t always so cut and dried.
If you were injured on the job in Stroudsburg, you may be wondering if your injury is covered by workers’ comp. Your best option is to contact an experienced Stroudsburg workers’ compensation lawyer at Munley Law to learn what benefits are available to you. Contact us today to schedule a free consultation.
Most Common Workplace Industries Where Injuries Occur
According to the National Safety Council (NSC), nearly 13,000 American workers suffer preventable injuries every day. Additionally, NSC found that in 2021, the following four industries could be ranked as the most dangerous to work at:
- Construction– experienced the most workplace deaths
- Education and health services– experienced the most nonfatal injuries and illnesses involving days away from work
- Agriculture, forestry, fishing, and hunting– experienced the highest death rate per 100,000 workers
- Transportation and warehousing– experienced the highest injury and illness rate involving days away from work per 10,000 workers
The Occupational Safety and Health Administration (OSHA) reports that particularly in the construction workplace, the top four hazards are falls, being caught in or in-between objects, being struck by an object, or electrocution.
What Are the Most Common Workplace Injuries?
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 serious injury that can have significant physical, cognitive, and emotional effects. The National Council on Compensation Insurance (NCCI) reports that:
TBIs may incur high costs early in the life of the claim and require medical care for many years after the injury. That care heavily comprises facility and physician-related services but may transition to home healthcare services and drugs as the claim matures … many of these TBIs are the result of slips and falls, being struck/injured by an object or person, and motor vehicle accidents.
Concussions: Concussions can be caused by a blow to the head, a jolt to the body, or a fall. In the workplace, concussions suffered by employees are often the result of a fall, being struck by an object, or a motor vehicle accident. This can cause a temporary loss of normal brain function, including consciousness, memory, balance, and coordination. Symptoms may include headache, dizziness, confusion, nausea, and sensitivity to light and sound.
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.
Cuts and lacerations: Cuts or lacerations can occur due to a variety of causes, including:
- suffering from a fall
- coming into contact with a blade, sharp moving machinery, or a tool commonly used in the workplace
- dull blades
- unsuitable personal protective equipment
- improper training
Repetitive motion injuries: Repetitive motion injuries at work are caused by repeating the same motions over and over, leading to stress and strain on the muscles, tendons, and nerves. These types of injuries can occur in various industries, including office work, manufacturing, and assembly line work.
Back injuries: Most injuries to the back can occur due to a variety of causes, including lifting heavy objects, repetitive motions, or slips and falls. Employees who perform physical labor such as construction, factory workers, and healthcare workers 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 major types of burns resulting from workplace accidents: Thermal, Chemical, Electrical, and Radiation.
- Thermal burns: Injured workers most likely to suffer from thermal burns are restaurant employees. Thermal burns result from the heat from liquids, open flames, steam, hot objects, and explosions.
- Chemical burns: People who work with chemicals, acids, or cleaning products are most likely to be exposed to chemical burns. A lab worker, plant worker, or maintenance worker is the average injured worker affected by a chemical burn.
- Electrical burns: Electrical burns occur when an electrical current travels through the body. Not surprisingly, electricians are often the victims of job related electrical burns. Also commonly injured are construction workers, utility line workers, and maintenance technicians.
- Radiation burns: Some workers, namely, flight crews, miners, x-ray technicians, and plant workers, are exposed to high levels of radiation. The most common type of radiation burn is caused by exposure to ultraviolet light, most often the sun. Radiation burns can also be caused by radiation therapy, exposure to high frequency microwaves or radio waves, and exposure to nuclear energy.
Eye injuries: Eye injuries in the workplace usually happen when a particle flies into the eye or an object makes impact with the eye. Another example of a workplace injury involving the eye is:
Penetration: Objects like nails, staples, or slivers of wood or metal can go through the eyeball and result in a permanent loss of vision.
Chemical and thermal burns: Industrial chemicals or cleaning products are common causes of chemical burns to one or both eyes. Thermal burns to the eye also occur, often among welders. These burns routinely damage workers’ eyes and surrounding tissue.
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 rollbending 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. Besides normal operation, the following activities involving stationary machines also expose workers to potential amputation hazards: setting up, threading, preparing, adjusting, cleaning, lubricating, and maintaining machines as well as clearing jams.
Hearing loss: Hearing loss is a common medical condition different types of employees across various industries are confronted with. However, the people more likely to be affect 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 at work each year.
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 workers compensation case in order 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 payment from workers’ compensation insurance.
How Can a Stroudsburg Workers’ Compensation Attorney Help You?
There are times that the workers’ compensation process is straightforward and uncomplicated. However, oftentimes, when circumstances are complicated, it’s in your best interest to contact a workers’ compensation lawyer. Some tricky circumstances are as follows:
- You need help navigating the complex process: Workers’ compensation laws and procedures can be difficult to understand. At this sensitive time when you’ve been hurt and you’re anxious about financial losses, an attorney can help guide you through the process and be sure that you’re receiving benefits you’re entitled to. That way, you can depend on an expert to get your questions answered, and you can concentrate on your recovery.
- Your workers’ compensation claim has been denied: There are numerous reasons workers’ compensation claims are denied. The reasons can vary from a missed deadline, to improperly completed paperwork, to questionable injuries. Regardless of the reason, an attorney can help you appeal the denial and increase your chances of a successful outcome.
- You are not receiving fair compensation: Keeping in mind your current and future medical needs, and whether your earning potential has been compromised, it’s important to accurately identify the compensation you’re entitled to. A workers’ compensation lawyer can negotiate a settlement or represent you in court to ensure you receive the full benefits to which you are entitled.
- Your employer or insurance company is not cooperating: An employee suffering from a workplace injury may be dealing with challenging circumstances such as medical treatment for injuries, serious illness, and lost wages. In most cases, negotiating with employers or with insurance companies would be overwhelming tasks on top of the struggles that are already being experienced. A workers’ compensation lawyer can advocate for your rights and interests in dealing with your employer or insurance company on your behalf.
- You have a permanent injury or disability: In these cases, an attorney can ensure you receive the long-term workers compensation benefits you’ll need to support yourself and your family.
The attorneys at Munley Law are here to offer expert assistance in helping you with your workers’ compensation case. Contact us for a free consultation and rest assured we will do everything in our power to advocate for you and to ensure that you receive the compensation you’re entitled to.
Frequently Asked Questions
How much time do I have to file for workers’ comp benefits?
Section 311 of the Pennsylvania Workers’ Compensation Act requires that notice of an injury be given to your employer within twenty-one (21) days after it occurs, or at the latest, within 120 days of the injury. The statute of limitations on filing a workers’ compensation claim is three years from the date of the incident that caused your injury or illness or from the date of your loved one’s death, in most cases.
What can I expect to be paid if I win my case?
According to the Department of Labor & Industry:
Pursuant to the Pennsylvania Workers’ Compensation Act, Section 105.1, the Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on and after Jan. 1, 2023, shall be $1,273.00 per week. For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2023, the percentage increase in the Statewide Average Weekly Wage is 5.7 percent.
It’s important to note that after two years, your disability status may be reviewed. If your disability has decreased and you are no longer at least 50 percent disabled, your disability will convert from total disability to partial disability. A partial disability that reduces your ability to work and your earning capacity may be compensated by a weekly amount that is two-thirds the difference between your present earnings and what you earned prior to the injury. You may receive these partial disability benefits for 500 weeks or for as long as you are working at a lower wage.
When can I expect to start receiving payment for my workers’ comp injuries?
As long as you’ve reported your workplace injuries promptly, you miss more than seven days of work, and your claim is accepted by the insurance carrier, you should receive your first check for workers’ compensation injuries within 21 days of your absence from work.
Munley Law is Here to Help
If you were injured in a workplace accident in Stroudsburg and you are having trouble collecting workers’ comp benefits, our Stroudsburg workers’ compensation attorneys are here to help. Contact us today by phone, email, or chat to schedule a free consultation.
Stroudsburg Practice Areas
Munley Law Personal Injury Attorneys
27 N 6th St,
Stroudsburg, PA 18360