Munley Law’s skilled Wilkes-Barre workers’ compensation lawyers have handled hundreds of workers’ comp claims for our clients and have won millions of dollars in work-related injury cases, including a $12 million verdict for a forklift accident victim.
Got questions about workers’ compensation in Wilkes-Barre? Our experienced attorneys have compiled answers to the most common questions we receive from injured workers in Luzerne County.
Filing and Eligibility
How Long Do I Have To Report a Workplace Injury in Wilkes-Barre? 
You must notify your employer within 120 days of the injury. Even if your injury seems minor, report it immediately, as failure to do so may cause complications if the injury worsens later.
Can I Get Workers’ Comp If I Work for a Temp Agency?
Yes, you can get workers’ comp if you work for a temp agency, but the process can be more complex. Responsibility can shift between the temp agency and the employer, so it’s essential to have an experienced attorney help navigate these complications.
What if I Have a Preexisting Condition
Workers’ compensation covers injuries caused or aggravated by your employment, regardless of your previous physical condition. However, insurance companies often dispute these claims, making legal representation important.
Am I Covered If I’m Hurt During a Break or Before My Shift Starts?
Generally, you must be performing work-related duties when injured. However, there are exceptions depending on the specific circumstances.
Who Is Not Eligible for Workers’ Comp in Pennsylvania?
Federal government workers, railroad employees, real estate agents, certain casual and domestic workers, and agricultural workers are not eligible to claim workers’ compensation under PA state law.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
Call us at (844) 686-5397 Benefits and Payments
How Long Does It Take to Receive Benefits?
You should begin receiving workers’ compensation benefits approximately 21 days after reporting your injury to your employer.
Does Workers’ Comp Cover My Medical Bills?
Yes, workers’ compensation covers all reasonable and necessary medical expenses related to your work injury, including doctor visits, surgery, medications, and medical equipment.
How Much Will I Receive in Wage Loss Benefits?
Workers’ compensation typically pays a percentage of your average weekly wage. The exact amount depends on your injury classification and disability rating. In 2025, the maximum weekly benefit for workers’ comp claims in Pennsylvania is $1,347.
How Long Can I Receive Workers’ Comp Benefits?
This depends on your injury classification:
- Temporary Total Disability: Up to 90 days
- Permanent Partial Disability: Up to 500 weeks
- Permanent Total Disability: Ongoing, subject to periodic review
- Medical benefits have no time limit in PA
Contact a Workers’ Comp Lawyer at Munley Law
Medical Treatment
Can I Choose My Own Doctor?
For the first 90 days, you must see a doctor from your employer’s list of at least six providers. After 90 days, you can choose any doctor, but you must notify your employer within five days.
What is an Independent Medical Exam (IME)?
An IME is a medical examination by a doctor that the insurance company chooses. It’s used to evaluate your condition and determine your disability rating. Always consult with an attorney before attending an IME.
Can I Get a Second Opinion for Surgery?
Yes, if your employer’s doctor recommends surgery, you’re entitled to a second opinion paid for by your employer or their insurance company.
Claim Denials and Appeals
Why Was My Workers’ Comp Claim Denied?
Common reasons of a workers’ compensation denial include:
- Employer disputes that the injury occurred at work
- Filing after the 120-day deadline
- Inaccurate incident report
- Accusations of substance use
- Pre-existing condition disputes
What Should I Do If My Claim is Denied?
Don’t panic. You have options to appeal the denial. Contact an experienced workers’ compensation attorney immediately to discuss your appeal rights. 
How Long Do I Have to Appeal a Denied Claim?
You have three years from your injury date to file a claim with Pennsylvania’s Bureau of Workers’ Compensation.
How Likely is it That My Denied Claim Will Be Approved Once I Appeal The Decision?
The success of your appeal will depend on the initial reason why the claim was denied, the quality of the medical evidence you can provide, and whether you have strong legal representation. Exact success rates vary, but older studies suggest that as many as 67% of denied claims are approved after appeal.
Settlements and Legal Process
Do All Workers’ Comp Cases End in a Settlement?
Most cases are resolved through “Compromise and Release” settlements, which provide faster payment but usually for a lower amount. Some cases may go to a judge for a ruling.
Can I File A Lawsuit in Addition to Workers’ Comp?
If a third party’s negligence caused your injury, you may have grounds for a personal injury lawsuit and workers’ compensation. For example, if you’re injured by a drunk driver while making deliveries, you can file a claim against the driver as well as a workers’ comp claim.
What Injuries are NOT Covered by Workers’ Comp?
Coverage may be denied for:
- Self-inflicted injuries
- Injuries while under the influence of drugs or alcohol
- Injuries from fights or policy violations
- Injuries that occur outside of work duties
Industry-Specific Questions
I Work In A Wilkes-Barre Warehouse – What Are Common Injuries?
Warehouse workers, including those at Amazon, Chewy, and True Value facilities, commonly experience overexertion injuries, back strains, and repetitive motion injuries due to the physical demands of the job.
Are Healthcare Workers Covered Differently?
Healthcare workers face high injury risks and are fully covered under workers’ compensation. This includes exposure to diseases, back injuries from lifting patients, and needle stick injuries.
What About Seasonal Workers During Busy Periods?
Seasonal workers are covered from their first day of employment. However, the pressure to work quickly during busy seasons can lead to inadequate training and higher injury rates.
Which PA Industries Have the Highest Worker Injury Rates?
Of the 165,985 total work-related injuries reported in Pennsylvania in 2024, 27.5% of these injuries took place in the education and health services sectors, and 26.6% affected trade and transportation industry workers.
Legal Representation
Do I Need a Lawyer for My Workers’ Comp Claim?
While a lawyer is not required for a workers’ comp claim, you should consider legal representation if:
- Your claim is denied
- You’re permanently disabled or need to apply for specific loss benefits
- The insurance company disputes your injury
- You’re facing an IME
- You have a third-party claim
How Much Does A Workers’ Comp Lawyer Cost?
Nunkey Law’s workers’ compensation attorneys work on a contingency fee – you pay nothing unless you receive benefits.
When Should I Contact a Lawyer?
A: Contact an attorney immediately after your injury, especially if you encounter any complications with your claim or if your employer’s insurance company contacts you.
Talk To a Workers’ Comp Attorney Now
Still Have Questions?
If you don’t see your question answered here or need help with your workers’ compensation claim in Wilkes-Barre, contact Munley Law today.
With over 65 years of experience in handling workers’ comp claims and case litigation, our attorneys have won millions of dollars for our clients to date. All of our partners have been named to the National Trial Lawyers Association’s Top 100 Trial Lawyers in Pennsylvania list, and all hold AV Preeminent Ratings from Martindale-Hubbell. Our partners also feature in the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, with Marion Munley named to the Lawdragon 500 Leading Lawyers in America list as well.
Eight of our lawyers have been honored as Super Lawyers, including Marion Munley, who has been named to the Top 10 Super Lawyers in Pennsylvania, Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers lists. Our attorneys have all received honors from Best Lawyers, with J. Christopher Munley named Lawyer of the Year for Workers’ Compensation, and Caroline Munley is also a certified workers’ compensation specialist by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law.
Our attorneys have the skills and knowledge to guide you through the workers’ comp claim process and help you secure the compensation you deserve.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
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