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Stroudsburg Workers’ Compensation FAQs

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Do I Need a Workers’ Compensation Lawyer in Stroudsburg?

If you have been hurt on the job or 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 are unsure 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 claims. 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?

Stroudsburg workers' compensation attorney Caroline Munley speaking with paralegal in her officeWorkers’ compensation (also called workman’s comp) is an insurance program that provides coverage for workers who have suffered injury or illness during 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 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 some 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 have become sick due to a work-related injury or illness, our Stroudsburg workers comp lawyers can help you every step. 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, employees should report all injuries to their employer immediately.

The employee must give notice within 21 days of the injury to receive retroactive benefits unless the employer already knows 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 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 can 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 will 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 your employer will submit to PA’s workers’ compensation board.

When you complete 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 the insurance company approves your claim:

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’ Compensation Board

Stroudsburg workers' compensation lawyer J. Christopher Munley working at his desk

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 ensure you receive all the medical benefits you are entitled to.

A Stroudsburg workers’ compensation lawyer from Munley Law will cost you nothing upfront. Call us today for a free case evaluation, or complete the form below.

Q: Do Stroudsburg Workers’ Compensation Cases Always End in a Settlement?

While it’s true that most workers’ compensation cases end in a settlement, there are occurrences where it could end in court. Usually, the insurance or employer can agree 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 the best representation in the case of a trial, 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 in Stroudsburg with the property owner 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 ensure you can recover stress-free, knowing you are receiving the maximum worker’s compensation insurance you are entitled to.

Q: Does workers’ compensation cover all PA employees?

Yes. However, 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. The Stroudsburg workers’ compensation lawyers at Munley Law have represented Stroudsburg injured workers for over 6o years — from those who work at East Stroudsburg University, our brave healthcare workers in Stroudsburg, to warehouse workers and restaurant employees.

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 deteriorates, and you cannot work.

In some cases, if a loved one passes away after a workplace incident, the family may receive workers’ comp death benefits in Stroudsburg.

If you lost the use of a body part, you could also receive specific loss benefits. To learn more about what compensation you could receive in a workers’ comp claim, contact our Stroudsburg workers’ compensation attorneys.

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 the best Stroudsburg workers’ compensation lawyer found at Munley Law today to schedule a free consultation.

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    Munley Law Personal Injury Attorneys

    27 N 6th St,
    Stroudsburg, PA 18360
    +15703384494

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