Do I Need a Workers’ Compensation Lawyer in Stroudsburg?
Stroudsburg, PA is the heart of the Poconos. With our vibrant, historical, and picturesque downtown, just a short drive from the Delaware Water Gap, Stroudsburg’s location, beauty, and walkable streets make it a popular destination year-round. The Poconos welcomes nearly 28 million day-tripping and overnight visitors every year and as PA’s biggest tourism destination, the region has a one-billion-dollar economic impact on the state of Pennsylvania. Add this to Stroudsburg’s bustling manufacturing, shipping, and food and beverage industries and get a full picture of the area’s major economic impact.
Whether you suffer a kitchen injury working in one of the city’s popular restaurants or you are involved in a forklift accident in a bustling warehouse, a work-related injury can send your mind spinning in many directions. How bad will this injury be? How long will my recovery take? When can I come back to work? Am I going to lose my job? How much is this ultimately going to cost me?
If you have been hurt on the job or if you have become sick, you want to notify your employer immediately, seek appropriate medical treatment from a licensed medical provider and start applying for your workers’ compensation benefits as soon as possible. If you have experienced an injury or illness on the job and you’re not sure what your next steps should be, you want an experienced Stroudsburg workers’ compensation attorney fighting for your just compensation for your work-related injury or illness.
Below you will find frequently asked questions we receive from our workers’ comp clients in Stroudsburg about their injuries and their claim. If you are injured while on the job, call the Stroudsburg workers’ compensation law firm with six decades of building a national reputation as a leader in personal injury law. Munley Law workers’ comp lawyers have earned the highest possible client and peer review ratings, and we have received national recognition for our settlements and verdicts. Learn more about workers’ compensation then contact our Stroudsburg office today to schedule your free consultation with the area’s most experienced workers comp lawyers.
Q: What is Workers’ Compensation?
Workers’ compensation (also called workman’s comp) is an insurance program that provides coverage for workers who have suffered injury or illness during the course of their employment. Several states have laws and regulations on workers’ compensation. In addition, the federal government operates a workers’ compensation program for many federal workers.
In general, if you suffered an injury or have become sick at work in Stroudsburg, you have the right to receive workers’ compensation from your place of employment to cover your medical expenses and lost wages for your injury or illness. An employee injured while working is entitled to compensation regardless of the employee’s fault.
Q: I Experienced a Work Injury or Illness. What Should I Do Now?
Notify your employer immediately. As long as you were not engaging in any illegal behavior and you were working at the time of the accident, your injury or illness is covered by workers’ compensation insurance.
If you have been injured while on the job, report the injury as soon as it happens, even if it seems minor. Include the date and time of your injury and whatever circumstances caused the injury to occur. If you tell your employer verbally that you were injured on the job, you should also follow up with a written notification.
Suppose you are suffering from an occupational illness or injury that occurred over a period of time from workplace conditions such as mesothelioma or carpal tunnel syndrome. In that case, you must report this to your employer as soon as you receive your official diagnosis from your licensed medical provider.
Be sure to:
- Keep a record of all of your medical appointments
- Keep all of your medical records
- Keep track of all of your lost wages
- Get a Munley Law Stroudsburg workers comp attorney
If you are an injured worker or you have become sick due to a work-related injury or illness, our Stroudsburg workers comp lawyers can help you every step of the way. Munley Law has 60 years of personal injury law experience. We can help. Contact us today for your free consultation.
Q: What Are the Steps in Filing My Initial Claim to Receive Workers’ Compensation Benefits in Stroudsburg?
When you are injured on the job in Stroudsburg, there are steps you need to take to secure your workers’ comp benefits. Here is a step-by-step guide to what you should do next:
The Employee Reports Their Injury or Illness to Their Employer
An injured employee is required to provide written notice, and most states set deadlines for reporting injuries. Per the PA Department of Labor & Industry, an employee should report all injuries to their employer as soon as possible.
The employee must give notice within 21 days of the date of the injury in order to receive retroactive benefits unless the employer already has knowledge of the injury.
Notice given more than 120 days from the date of injury may result in the loss of workers’ compensation unless the employer already knew of the injury.
In the case of an injury or illness caused over time, the employee must report the injury or illness according to these timeframes after receiving an official diagnosis.
Seek Medical Attention From an Approved Medical Professional
Your employer will provide you with a list of doctors approved by the workers’ compensation insurance company. Within the first 90 days of your injury, you must choose a doctor from the list to treat your injury. If you are unsatisfied with the doctor you have chosen, you do have the option to select another one from the list.
If you require treatment after 90 days, you can then have any doctor you choose to treat your injury.
The Injured Worker Fills Out the Appropriate Paperwork
Once you report your injury or illness, your employer will provide you with your worker’s comp claim form which is to be filled out and returned to the employer. This form will request all of the details of the injury or illness.
You should also be provided a report of injury form which will be submitted by your employer to PA’s workers’ compensation board.
When you are done filling out the claim, your employer will send the claim form to your workers’ compensation insurance carrier and your doctor will submit an additional medical report.
The insurer Approves or Denies the Claim
The claim is filed. It is now in the hands of the workers’ compensation insurance company to approve or deny your benefits.
If your claim is approved by the insurance company:
If your claim is approved, the insurance company will inform your employer and contact you with benefit details. You and your Stroudsburg workers’ compensation attorney (if you have one) can now:
- Accept the employer’s workers compensation insurance company’s benefits offer, which may cover the costs of medical expenses, disability benefits, and some of your lost wages or you can
- Negotiate for a lump-sum settlement or a larger “structured” settlement.
If a claim is denied:
If your employer’s insurer denies your payments, you and your Stroudsburg workers’ compensation lawyer have the option to:
- Request a review for reconsideration from the insurance company
- File a formal appeal, through the PA state workers’ comp board
Q: What Will a Stroudsburg Workman’s Compensation Lawyer Do for Me?
Your workers’ comp case starts the second you report your injury or illness to your employer. Your Stroudsburg worker’s compensation attorney will make sure you keep all of your deadlines for filing paperwork and reports; record, report, and process the medical evidence necessary to support your claim; help you find medical experts who do not work for the insurance companies; help you determine the actual value of your case and help you with any potential settlement offers; help you file your requests for re-evaluation if your claim is initially denied. Your attorney is there to fight for you to make sure you receive all of the medical benefits you are entitled to.
A workers’ compensation lawyer from Munley Law will cost you nothing up front. Call us today for a free case evaluation, or fill out the form below.
Q: Do Stroudsburg Workers’ Compensation Cases Always End in a Settlement?
While it’s true the vast majority of workers’ compensation cases end in a settlement, there are occurrences where it could end in court. Usually, the insurance or employer can come to an agreement with the injured employee that works best for both sides.
However, if you’re asking “Do all Stroudsburg workers’ compensation cases end in a settlement?” the answer is no. If for any reason, there is not an agreed settlement, a workers’ compensation case can be sent to a judge to make a ruling.
To ensure you receive maximum compensation, or in the case of a trial, the best representation, you should have an experienced lawyer by your side. The Stroudsburg workers’ compensation lawyers at Munley Law Personal Injury Attorneys have been representing the hardworking people of Northeastern Pennsylvania for more than 60 years. We have experience as trial lawyers if your case does land in court, and we have the negotiating power to ensure you receive a fair settlement. Contact us today for a free consultation.
Q: What If I Was Injured on Someone Else’s Property While on the Job?
Whether the accident had occurred on the business’ property, or on someone else’s, as long as you’re on the job, you are entitled to workers comp benefits. In addition, you may have a third party claim with the owner of the property if there was a known hazard on the property. For example, if you were making a delivery and the owner’s dog attacked you, you can collect workers’ compensation as well as have a personal injury lawsuit against the owner for the attack.
If you are having trouble with your workers’ compensation benefits after being injured on the job, know your rights. Our Stroudsburg workers’ compensation lawyers are ready to help you with your claim and make sure you can recover stress-free knowing you are receiving the maximum workers compensation insurance you are entitled to.
Q: Are all PA employees covered by workers’ compensation?
Yes. Though 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’ compensation coverage may be subject to lawsuits by employees and to criminal prosecution by the Commonwealth.”
Some employers are exempted from workers’ compensation coverage. Exemptions include:
- People covered under other workers’ compensation acts, such as railroad workers, longshoremen, and federal employees
- Domestic servants (coverage is optional)
- Agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer
- Employees who have requested, and been granted, exemption due to religious beliefs or their executive status in certain corporations
Q: What Should I Do if My Worker’s Compensation Claim is Denied?
A worker may be denied their benefits by the insurer initially. You are entitled to file an appeal. If your worker’s compensation claim in Stroudsburg was denied, you should have an experienced lawyer by your side. The Stroudsburg workers’ compensation lawyers at Munley Law have been representing the hardworking people of PA for more than 60 years.
Your initial consultation is free and we collect no fee until you receive your benefits.
Q: Does Workers’ Compensation Cover Only My Medical Bills?
Your benefits will provide compensation in exchange for medical treatment for an injury. They can also provide temporary disability payments when your health has deteriorated and you are unable to work.
Q: Does Workers’ Compensation Cover Long-Term Conditions and Illnesses?
The workers’ compensation program will cover you in the case of an accident, injuries sustained due to long-term stress, and illnesses developed as a result of the job conditions or an injury occurring on the job. However, workers’ comp eligibility is limited to occupational disease and certain restrictions exist.
Speak with a qualified workers’ compensation attorney at Munley Law for free if you have any questions.
Q: What Workplace Injuries Are Excluded From Workers’ Comp?
Work injury coverage is available for almost every worker’s accident—but not every injury. In general, workers comp doesn’t cover accidents caused due to intoxication or drug use. Coverage is not available on a personal injury claim– for instance if you start a physical altercation at work and you are injured as a result.
Q: How Much Will a Stroudsburg Workers Comp Lawyer Cost?
Our Stroudsburg workers’ compensation lawyers work on a contingency basis, which means you do not have to pay us a fee until your case is settled. If we are unable to get you compensation for your workplace injury, you do not owe us a fee. And as always, the first consultation is always free.
If you were injured while working in Stroudsburg and need help with the workers’ compensation process, our Stroudsburg workers’ comp lawyers are here to help. Contact Munley Law today to schedule a free consultation.
Stroudsburg Practice Areas
Munley Law Personal Injury Attorneys
27 N 6th St,
Stroudsburg, PA 18360