If You Suffered A Work Injury In Wilkes-Barre, Contact A Wilkes-Barre Workers’ Comp Lawyer At Munley Law For A Free Consultation
If you have been injured on the job in Wilkes-Barre, PA, you may face roadblocks to getting the compensation you need. A Wilkes-Barre workers’ compensation lawyer at Munley Law can help.
$32 Million Wrongful Death
$26 Million Truck Accident
$17.5 Million Car Accident
$12 Million Product liability
$8 Million Truck Accident
$8 Million Truck Accident/Wrongful Death
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Crash
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
$5 Million Bus Accident
$4.7 Million Truck Accident
Since 1959, injured Luzerne County workers have trusted Munley Law to protect their livelihood and secure their benefits. Our workers’ compensation attorneys have earned the highest possible peer and client review ratings from legal organizations throughout the country, and have consistently been named among the Best Lawyers in America. Caroline Munley was recently certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.
At Munley Law, we do not collect a fee unless we get benefits for you. Contact us to get a free case evaluation with a Wilkes-Barre personal injury lawyer.
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When Do I Need to Consult With a Wilkes-Barre Workers’ Compensation Lawyer at Munley Law?
When work-related accidents happen, workers’ compensation is meant to cover the medical expenses and make up for your lost wages while you’re out of work. You may collect workers’ compensation benefits if the work you perform results in an injury, illness, or aggravation of an existing condition. 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 you are able to return to work. If this happens, it’s time to consult an experienced Wilkes-Barre workers’ compensation attorney at Munley Law.
The most important part of your workers’ compensation claim is that you have medical documentation of your injuries. After you are injured at work, it’s important to visit a doctor to understand how severe the injury is. You will also need to fill out an incident report with your employer that explains how the accident happened, the severity of the injury, and any treatments that you will need.
However, if your employer fails to submit your workers’ compensation claim or your claim is delayed or denied, your best bet is to contact our workers’ compensation attorney in Wilkes-Barre to see what your next steps should be.
We work on a contingent fee basis, so we do not collect a fee unless we obtain your benefits. You will not have to pay anything up front or out of your own pocket. Call today for a free consultation with one of our workers’ compensation attorneys.
Click here to see what our past workman’s compensation clients have to say about Munley Law.
What Benefits are Available for a Workplace Injury?
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, physical therapy, 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 Lost 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.
- Death Benefits – If you lost a loved one in a workplace accident, you could receive workers’ compensation benefits on their behalf. This includes funeral expenses.
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 want to be prepared before going in for your exam. Before an IME, you want to speak to an experienced workers’ comp lawyer. A PA workers’ compensation lawyer at Munley Law can help you understand the process before and after the exam and provide legal advice. They can also give you advice on what to do or not do during your exam. For example:
- Be honest. You may be nervous or assume if you divulge too much info they will deny your claim, but you must be honest. 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 talk about 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 if you’re facing an IME, contact us right away.
Why Was Your Wilkes-Barre Workers’ Compensation Claim Denied?
Workers’ compensation may reject your claim and deny that your injury was work-related. Or, you may stop receiving your workers’ compensation benefits before you are able to return to work. If this happens, don’t panic. Consult a workers’ compensation lawyer at Munley Law.
When you’ve been injured on the job, it’s important you are as thorough as possible in both reporting the injury and seeking medical attention. Your employer, particularly if you work for a big corporation, as well as your insurance company, will have lawyers looking for every loophole to prevent them from paying you anything.
Your insurance company does have a variety of reasons they are allowed to deny your claims. This makes it even more important that you make sure you have a good 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
What is a Third Party Workers’ Compensation Lawsuit?
If your injury was caused by the negligence of another party, you may have cause to bring a suit against a third party. For example, if you are a delivery driver that got into a car accident with a drunk driver in Wilkes-Barre, you can not only file for workers’ compensation but you can file a car accident claim against that driver.
A Wilkes-Barre workers’ compensation attorney at Munley Law will assess each aspect of your accident to ensure that you are rightfully compensated but all parties responsible for your injury. Click here to see what our past workman’s compensation clients have to say about Munley Law.
“Without Caroline Munley, I’m not sure where I would be. After cutting off the tip of my finger at my construction job, I was worried that my career would be at risk. But Ms. Munley reassured me that filing a workers comp claim doesn’t mean I would lose my job. She was with me every step of the way and helped me get back on my feet again. Now I’m back on the job and it’s all thanks to her help!”
-Maggie, a Workers Compensation Client
Workers’ Comp Questions And Answers:
Q: What Should I Do After A Work Accident In Wilkes-Barre?
A: Immediately after the accident, report it to your supervisor and complete an incident report. Even if your injury seems minor, it may cause complications later on. 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 first.
Q: How Long Do I Have To File A Workers’ Comp Claim In Luzerne County?
A: Under Pennsylvania law, you must notify your supervisor at your place of employment within 120 days of the date of injury. A workers’ compensation case must be filed no later than three years from the date of the incident. However, if you or a family member contract an illness due to your employment (such as “black lung” from working in a coal mine, or mesothelioma from asbestos exposure), different laws apply. According to Pennsylvania law, the disease and inability to work must occur within 300 weeks from the date you were last employed in the job where you contracted the disease.
Q: Am I Covered By Workers’ Compensation?
A: Almost every PA employee has coverage under the Workers’ Compensation Act. This includes all full-time, part-time, and seasonal workers. Nearly all businesses must have workers’ compensation insurance. We represent workers in all types of industries, including healthcare, construction, law enforcement, correctional facilities, manufacturing, warehousing, and more. Workers in certain industries may be covered under different compensation laws specific to that particular industry, such as railroad or shipyard workers.
Volunteers and independent contractors may not be considered an employee and therefore may not be covered. Contact Munley Law to learn more about your legal rights as a Wilkes-Barre employee.
Q: Can I Choose My Own Doctor?
A: For the first 90 days, you are required to treat with a doctor from a list your employer provides. Your employer must give you at least six doctors to choose from, and your employer cannot choose for you. If your employer does not provide a list of options, you may choose 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 own doctor. If you do decide to choose a doctor that 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.
Q: How Much Will I Receive In Compensation?
A: 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, or a maximum of $1,205 per week, for injuries occurring on or after January 1, 2022. This number changes yearly. For more information on how much you will be compensated, click here and talk to our Wilkes-Barre workers’ compensation lawyers.
Q: When Will I Receive Workers’ Compensation Payments?
A: You should begin receiving benefits approximately 21 days after you reported your injury to your employer.
Q: What Should I Do If My Workers’ Comp Claim Is Denied?
A: Don’t panic. It is not uncommon for an insurance company to deny a workers’ compensation claim. Once denied, you have three years from the date of your injury to file a claim with the state’s Bureau of Workers’ Compensation. In this case, it is best to have an experienced, knowledgeable workman’s compensation attorney on your side. The right Wilkes-Barre workers’ comp lawyer will be instrumental in ensuring that you receive the compensation you deserve.
Questions About Workers’ Comp Benefits in Wilkes-Barre? Munley Law Can Help
If you were injured in the workplace in Wilkes-Barre, Pittston, Kingston, Dallas, or anywhere in Luzerne County, you will need experienced Wilkes-Barre workers’ compensation lawyer in your corner, ready to fight for your rights. Munley Law has more than 60 years of experience in Pennsylvania workers’ compensation law. If you have questions, we have answers. Contact us today to schedule a free consultation.