When you’re injured on the job in Wilkes-Barre, you expect workers’ compensation to be there when you need it most. Sadly, many injured workers experience claims denials, payment delays, or inadequate benefits that fall short of covering their lost income and medical costs. You don’t have to handle this complicated system alone.
Munley Law knows the difficulties injured employees encounter. We have the expertise and commitment needed to fight for your benefits, whether you have a back injury from lifting large objects, injuries from machines, or repetitive stress injuries from your work. While you focus on recovering, our Wilkes-Barre workers’ compensation lawyers will handle every part of your claim.
For a free consultation with a qualified workers’ compensation attorney who will put in endless effort to secure the benefits you are entitled to, contact Munley Law right now.
When to Hire a Workers’ Comp Attorney
When work-related accidents happen, workers’ compensation is meant to cover the medical expenses and compensate for 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 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 have a third-party injury claim
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 you’re wondering whether hiring a workers’ comp lawyer is worth it, your best bet is to speak with an experienced Wilkes-Barre personal injury lawyer at Munley Law.
Benefits Available to Injured Workers
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 for your work injury.
- 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.
Speak with a workers’ compensation lawyer near me.
Common Workplace Injuries in Wilkes-Barre, PA
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 Wilkes-Barre, including Chewy, True Value, and Amazon, it’s no surprise that many warehouse work injuries in Luzerne County 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, your medical bills are being denied even though the injury was caused by a workplace accident. 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 workers’ comp claims. This makes ensuring you have an excellent workers’ comp lawyer to guide you through the appeals process even more critical.
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
- The employer insists your injury happened outside of work
- You are being accused 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 workers’ compensation lawyer will be instrumental in ensuring that you receive the compensation you deserve.
Contact a Workers’ Comp Lawyer Near Me.
The Workers’ Compensation Claim Process
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
What Is an Independent Medical Exam?
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 should 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, but you must be real. If these doctors think you’re lying, even slightly, they can deny your benefits.
- Don’t speak poorly of your employer. Your doctor’s appointment is not the time to discuss workplace issues. Stick to facts about 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 a slight exaggeration can impact your claim.
Many cases are lost because workers do not consult a lawyer beforehand. If you’re facing an IME, please contact us immediately.
Do All 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 parties that is agreeable to everyone. A settlement usually means receiving your money faster and at lower risk, but it is usually for 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, ensure 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 Temp Agency?
The short answer is yes. However, filing and receiving your workman’s comp insurance for temporary or seasonal work can be more complex. If you have been injured on your seasonal or temporary job in Wilkes-Barre, hiring a workers’ comp lawyer to help you file your claim is a good idea. Duty and responsibility can be shuffled around from employer to temp agency. Be sure you have an experienced Wilkes-Barre workers’ comp lawyer on your side.
What Workplace Injuries Are Excluded From Workers’ Comp?
Workers’ compensation provides for most 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 co-worker 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. That’s why it’s always smart to speak with an experienced workers’ compensation attorney to learn your rights.
Does Workers’ Compensation Cover Long-Term Conditions and Illnesses?
The Pennsylvania Workers’ Compensation Act determines your eligibility and 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 due to 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?
In short, not at first. According to the PA Department of Labor and Industry, your employer must post a list of six or more physicians that you can choose from to treat your work injures. You must continue treatment with that provider or any other providers on that list for the first 90 days after your accident. Once the 90 days are up, you can then see a doctor of your choosing.
Once you begin receiving your workers’ comp benefits, your employer or 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 workers’ compensation judge that will require you to attend an examination with their chosen provider. Failure to 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 file for both workers’ compensation as well as a personal injury claim against the at-fault driver. A personal injury lawyer in Wilkes-Barre can help you with your third-party claim.
Our Work Injury Law Firm in Wilkes-Barre 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. When workplace injuries happen to our neighbors, we take it personally. Munley Law has proudly represented generations of families in Luzerne County, and we’ll keep fighting for our community’s workers for generations to come.
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.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on July 17, 2025.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
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