If You Suffered A Work Injury, Contact Our Wilkes-Barre Workers’ Compensation Attorney
Wilkes-Barre, Pennsylvania, a city known for its industrious spirit and bustling workforce, is home to a significant number of warehouses and distribution centers. These facilities, integral to the city’s economy, employ thousands of hardworking individuals who contribute to the city’s vibrant labor market. However, with such a large workforce operating in physically demanding environments, workplace accidents and injuries are an unfortunate reality.
This is where the role of a Wilkes-Barre workers’ compensation lawyer plays a part. Workers’ compensation lawyers help injured workers navigate the complex legal landscape of workers’ compensation claims. They advocate for their clients’ rights, ensuring they receive the benefits they are entitled to under the law. These legal professionals are well-versed in dealing with insurance companies, employers, and the workers’ compensation court system.
Since 1959, injured Luzerne County workers have trusted Munley Law to protect their livelihood and secure their benefits. At Munley Law, we do not collect a fee unless we get benefits for you. Contact us today to schedule a free case evaluation with a Wilkes-Barre workers’ comp lawyer. Chat live, fill out our contact form, or call today.
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$6.9 Million Garbage Truck Accident
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
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When Do I Need to Consult a Wilkes-Barre Workers’ Comp Lawyer?
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 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 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.
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’ comp attorney to see what your next steps should be.
What Benefits and Compensation Trust Are Available for a Workplace Injury for PA 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, 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 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.
- 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.
You should begin receiving benefits approximately 21 days after you reported 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.
What Does Workers’ Compensation Not Cover?
It’s important to note that if you are injured on the job, you cannot sue your employer for pain and suffering. This is because workers’ compensation is considered a no-fault benefit.
What is an Independent Medical Exam for PA 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 want to be prepared before going in for your exam. Before an IME, you want to speak to an experienced workers’ comp lawyer. A Pennsylvania workers’ compensation attorney at Munley Law Personal Injury Attorneys 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 Workers’ Compensation Claim Trust Fund Denied In the City of Wilkes Barre for a Lump-Sum Settlement?
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 Personal Injury Attorneys.
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 Should I Do If My Workers’ Comp Claim Is Denied?
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.
What Should I Do After A Work Accident In Wilkes-Barre?
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 becomes worse. After you report your injury, workers’ compensation representatives may contact you for details or trust fund. 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.
For the first 90 days, you are required to treat by 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 or lump-sum settlement.
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 needs safety training, or broke the belt law you can not only file for workers’ compensation or compensation trust but you can file a car accident claim or kit report against that driver. Contact us for a Wilkes Barre attorney near Wilkes University.
A Wilkes-Barre workers’ compensation attorney at Munley Law Personal Injury Attorneys will assess each aspect of your accident to ensure that you are rightfully compensated but all parties responsible for your injury, for the lack of safety.
Our Wilkes-Barre Workers’ Compensation Attorney Will Fight For Your Rights
If you were injured while on the job, you may be confused about the workers’ compensation process. If you have questions, we have answers. Contact the Wilkes-Barre workers’ compensation attorneys at Munley Law Attorney today online to schedule a free consultation.
Wilkes-Barre Workers Compensation
Wilkes-Barre Practice Areas
Wilkes-Barre, PA 18702