The Wilkes-Barre workers compensation lawyers at Munley Law have protected the rights of injured workers throughout Wilkes-Barre for almost 65 years. Our attorneys have been recognized by some of the most prestigious legal organizations for their work in workers’ compensation, including Best Lawyers in America, LawDragon, SuperLawyers, and Best Law Firms. We hold board certifications and have the knowledge and resources to fight the insurance company. We do not collect a fee until you receive the compensation you deserve.
Don’t wait too long after a workplace accident to contact an experienced work injury attorney in Wilkes-Barre. Contact us today to schedule a free case evaluation.
When to Hire a Workers Comp Attorney in Wilkes-Barre, PA
When work-related accidents happen, workers compensation is meant to cover the medical expenses and compensate for your lost wages while you’re out of work. You may collect workers’ compensation benefits if your work results in an injury or illness. However, the claims process can prove more complicated than that. The insurance company may reject your claim and deny that your injury was work-related. Or, you may stop receiving your benefits before returning to work. If this happens, it’s time to consult an experienced Wilkes-Barre workers compensation attorney at Munley Law.
Other instances of when you need an attorney for your claim include:
- You’ve been permanently disabled by a work accident
- Your injury is being disputed, or you have a pre-existing condition
- The insurance company is preventing you from getting the medical treatment you need
- You are currently involved in legal proceedings, such as a hearing with the Pennsylvania Workers Compensation Board
- You were injured by a third party
The most important part of your workers compensation claim is that you have medical documentation of your injuries. After you are injured at work, you must visit a doctor to understand how severe the injury is. You will also need to speak to your employer about the accident and fill out an incident report explaining how the accident happened, the severity of the injury, and any treatments you will need.
If your employer fails to submit your workers’ compensation claim or your claim has been denied, your best bet is to contact our workers’ compensation attorney to determine your next steps.
The Benefits Available to Injured Workers in Wilkes-Barre
Depending on the severity of your injury, there are several types of benefits injured workers could be eligible for after a workplace accident:
- Medical Bills – Workers’ compensation will be responsible for paying any medical expenses related to your accident. This includes but is not limited to doctor’s visits, surgery, lab tests, medication, medical equipment, and ongoing care.
- Lost Wages – If the accident causes you to lose time from work, workers’ comp will pay a percentage of your wages.
- Specific Loss Payments – If the work injury results in a permanent loss, such as disfigurement or loss of limb, you may be eligible for “specific loss” payments.
- Disability Payments — If you are temporarily or permanently disabled because of the accident, you will receive benefits.
- Death Benefits – If you lost a loved one in a workplace accident, you could receive workers’ compensation death benefits on their behalf. This includes funeral expenses.
- Social Security Disability – you may be eligible for Social Security Disability Insurance benefits in addition to workers comp.
You should begin receiving benefits approximately 21 days after you report your injury to your employer.
Your compensation will depend on whether you have a total or partial disability. If you are totally disabled by your work injury and cannot work at all, you are entitled to weekly benefits equal to about two-thirds of your weekly pay.
It’s important to note that you cannot sue your employer for pain and suffering if you are injured. Workers’ compensation is considered a no-fault insurance system that allows you to claim compensation even if you are at fault for the accident.
What Is An Independent Medical Exam For Wilkes-Barre Injured Workers?
If there is a dispute with the workers’ compensation insurance carrier, you may be asked to have an independent medical exam. Also known as an IME, it is a medical examination done by an “independent” medical professional as chosen by the insurance company.
While these doctors are qualified to treat and diagnose you, you must be prepared before your exam. Before an IME, you wish to speak to an experienced workers’ comp lawyer. Munley Law can help you understand the process before and after the exam and provide legal advice. They can also advise you on what to do or not do during your exam. For example:
- Be honest. You may be nervous or assume they will deny your claim if you divulge too much info, but you must be real. If these doctors think you’re telling a lie, even a small one, they can deny your workers’ compensation benefits.
- Don’t speak poorly of your employer. You may have warranted negative feelings about your workplace or employment conditions that led to your injury. However, your doctor’s appointment is not the time to discuss these things. Leave out personal feelings about work; just stick to the details and facts of this specific injury.
- Don’t exaggerate. Along with telling the truth, don’t embellish your injuries. An experienced workers’ compensation doctor can tell when you’re not being truthful. Even the tiniest of exaggeration can impact your workers’ comp claim.
Many workers’ compensation cases were lost because workers did not talk to workers’ compensation lawyers beforehand, so contact us immediately if you’re facing an IME.
Common Workplace Injuries in Wilkes-Barre, PA
In Wilkes-Barre, some of the most common types of workplace injuries include but are not limited to:
- Exposure to harmful substances or environments. This can include electricity, toxic chemicals, poisonous substances, or diseases. Many of these types of injuries happen to construction workers.
- Overexertion. With so many warehouses in Luzerne County, it’s no surprise that many warehouse workplace injuries result from excessive physical effort.
- Repetitive motion injuries. Small tasks such as typing on a computer keyboard can cause strain or stress on your body.
- Slip and falls. Even a simple slip on a spilled drink could cause a severe injury.
- Injuries involving objects or equipment. Defective equipment or not being trained properly can cause an injury.
Why Was Your Workers’ Compensation Claim Denied?
The insurance company may reject your claim and deny that your injury was work-related. Or, you may stop receiving your workers’ compensation benefits before you can return to work. If this happens, don’t panic but contact our workers compensation law firm as soon as possible.
When injured on the job, you must be as thorough as possible in reporting the injury and seeking medical attention. Your employer, mainly if you work for a big corporation and your insurance company, will have lawyers looking for every loophole to prevent them from paying you anything.
Your insurance company has various reasons they are allowed to deny your claims. This makes it even more critical to ensure you have an excellent Wilkes-Barre workers’ comp lawyer to guide you through the appeals process.
The top reasons workers’ compensation claims are denied:
- Employer contests the validity of the claim or the severity of the work-related injury
- Inaccurate information in the incident report
- Application filed after the 120-day window
- The injury isn’t covered by the employer’s workers’ compensation insurance coverage
- Employer insists your injury happened outside of work
- Employer accuses you of using illegal substances while at work
Once rejected, you have three years from your injury to file a claim with the state’s Bureau of Workers’ Compensation. In this case, having an experienced, knowledgeable workman’s compensation attorney on your side is best. The right Wilkes-Barre workers’ comp lawyer will be instrumental in ensuring that you receive the compensation you deserve.
The Workers Compensation Claim Process in Wilkes-Barre, PA
Under Pennsylvania law, you must notify your supervisor at your place of employment within 120 days of the date of injury. Even if your injury seems minor you should tell your employer about the accident and your injury — failure to do so may cause complications later on if the injury worsens. After you report your injury, workers’ compensation representatives may contact you for details. Do not feel pressured to sign away your workers’ compensation rights. Never sign any insurance document until a Wilkes-Barre workers’ compensation law firm has reviewed it.
For the first 90 days, you must be treated by a doctor from your employer’s list. Your employer must give you at least six doctors to choose from, and your employer cannot decide for you. If your employer does not offer a list of options, you may select your own. You may also choose another doctor from the list if the first doctor selected is unsatisfactory.
After 90 days of treatment, you then have the option to choose your doctor. If you do decide to choose a doctor who is not on your employer’s list, you must notify your employer within five days after your first visit, or you risk not receiving your workers’ compensation benefits or lump-sum settlement.
Frequently Asked Questions About Workers Compensation in Wilkes-Barre
Do All Wilkes-Barre Workers’ Comp Cases End With a Settlement?
In short, not all but most workers’ comp claims are resolved with a settlement between the injured worker and the employer’s insurance company. These settlements are known as “Compromise and Release” (CR) and are a compromise between all of the involved parties that is agreeable to everyone. A settlement usually means you will receive your money faster and at lower risk but a is usually a lesser amount.
If for any reason, the parties involved cannot agree on a settlement, a workers compensation case can be sent to a judge for a ruling. If your workers’ comp case goes to court, make sure you have the most experienced workers comp lawyer by your side to ensure you receive the maximum benefits you are entitled to.
Can I Collect Workers’ Comp If I Work for a Wilkes-Barre Temp Agency?
The short answer is yes. But filing and receiving your workman’s comp insurance for temporary or seasonal work can be more complex.
In PA, seasonal workers often start jobs in retail, warehouse, manufacturing, and shipping just for a busy season or holiday. These are often the busiest times at these companies and the pressure to work fast is high and the tendency to spend a lot of time and expense in proper training might be lower.
If you have been injured on your seasonal or temporary job in Wilkes-Barre, it’s a good idea to hire a worker’s comp lawyer to help you file your claim. Duty and responsibility can be shuffled around from employer to temp agency and back again. Be sure you have an experienced Wilkes-Barre workers’ comp lawyer on your side.
What Wilkes-Barre Workplace Injuries Are Excluded From Workers’ Comp?
Workers’ compensation provides for the majority of job injuries and occupational illnesses, but not all. Coverage can be denied if your injury is self-inflicted, if you have been working under the influence of illicit drugs or alcohol or if you’ve done anything that violates your employer’s policies. For example, if you get into a fight with a coworker while on the job and receive a concussion, you will not receive workers’ compensation benefits at the time. Another instance is if you had not started work or were on a break at the time of the accident, you may not be able to receive compensation if you were in an accident.
It can be difficult to understand whether you are eligible for workers’ comp or not. That’s why it’s always smart to speak with an experienced workers’ compensation attorney in Wilkes-Barre to learn your rights.
Does Workers’ Compensation Cover Long-Term Conditions and Illnesses?
The Pennsylvania Workers Compensation Act determines your eligibility and for how long your benefits can be paid. Compensation pays medical benefits, which cover your medical bills for appropriate medical treatment by an approved medical provider and your wage loss benefits help you recover financially from work lost as a result of your injury or illness.
PA does not put an upper limit on medical benefits, you can receive them for as long as you need treatment for your injury or illness. However, Pennsylvania does place a cap on your wage loss benefits.
Can I Visit My Own Doctor for Treatment?
According to the PA Department of Labor and Industry, “you are free to choose your own health care provider to treat your work injury unless the employer accepts your claim and has posted in your workplace a list of six or more physicians or health care providers. You are required to visit a provider on the list for initial treatment. You are to continue treatment with that provider or another on the list for a period of 90 days following the first visit.”
You may see any provider on the list; your employer may not require you to visit a specific medical provider on the list. If your employer’s listed medical provider prescribes surgery, you are entitled to seek a second opinion to be paid for by your employer/insurer.
Treatment is recommended as a result of the second opinion must be provided by a listed provider for 90 days. Once you begin receiving your worker’s comp benefits, your employer or their insurer has the right to ask you to see a doctor of their choice for examination. If you refuse, the employer is entitled to request an order from the worker’s compensation judge that will require you to attend an examination with their chosen provider. Failure to then attend may result in a suspension of your benefits.
What is a Third Party Workers’ Compensation Lawsuit?
If the negligence of another party caused your injury, you may have cause to bring a suit against a third party. For example, if you are a delivery driver who got into a car accident with a drunk driver, you can not only file for workers’ compensation, but you can file a car accident claim against the at-fault driver. A personal injury lawyer in Wilkes-Barre can help you with your third party claim.
Our Wilkes-Barre Workers’ Compensation Lawyer Will Fight For Your Rights
A Wilkes-Barre workers’ compensation lawyer at Munley Law will assess each aspect of your accident to ensure you are rightfully compensated.
If you were injured on the job, you may be confused about the workers’ compensation process. If you have questions, we have answers. Contact Munley Law today to schedule a free consultation.
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Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
