When Do I Need a Workers’ Compensation Attorney?
Our workers keep Wilkes-Barre’s economy running. When you become hurt or sick, you expect that you will have a safety net to protect yourself and your family. Pennsylvania workers’ comp exists to help anyone suffering a work-related injury or illness cover lost wages, required medical treatment, and specific loss benefits you may qualify for due to permanent impairments. Workers’ compensation insurance is provided by and paid for by your employer. It is the law. But if you have a workplace injury and are finding it difficult to receive your benefits or if you have questions about what you might qualify for, you may need to call the Wilkes-Barre workers’ compensation lawyers at Munley Law today.
Our workers’ comp lawyers have more than 60 years of experience fighting for injured workers in Wilkes-Barre. We are nationally recognized for our expertise and record‑setting awards for our clients. Your consultation is always free. Our lawyers do not collect any fees until we win your workers’ comp case.
What Can a Wilkes-Barre Workers’ Compensation Attorney Do For Me?
In addition to seeking the guidance of someone with experience in workers’ comp law to help you navigate filing your initial claim, there are times when it is necessary to hire an experienced lawyer. Some examples include:
- Filing your initial claim for workers’ comp benefits can be difficult, especially when you add in the stress of your recovery and the financial strain of lost wages and mounting medical bills. Your experienced workers’ compensation lawyer can help you fill out your forms completely and correctly and help you meet necessary deadlines.
- Your employer’s insurance company denied your initial claim. When you are dealing with the stress of your recovery, lost wages, and medical bills, a workers’ comp denial can feel like a huge setback, but a workers’ compensation lawyer can help file your appeal and gather the documents to support your claim.
- You suspect your employer is retaliating against you in the workplace or you have been fired as retaliation for filing a workers’ comp claim. It is illegal for an employer in Pennsylvania to fire an employee for filing a workers’ comp claim, and that protection extends to union workers in Wilkes-Barre.
- Your employer’s insurer has submitted a reevaluation request—a tactic we often see used against healthcare workers hurt on the job in Wilkes-Barre. If you have received a request, call an experienced Munley Law workers’ comp attorney today.
- You have discovered that your employer does not carry state‑mandated workers’ comp coverage.
- You are facing a long recovery and you will be out of work for an extended period. Your workers’ comp lawyer can help secure all of the benefits you are entitled to.
- You believe the insurer calculated your wage‑loss benefits incorrectly.
- You are facing a workers’ comp hearing and need representation.
How Can a Workers’ Comp Attorney Help With My Claim?
We can explain what you may be entitled to. Workers’ comp insurance can cover your lost wages and medical treatment, and it may also provide death benefits to dependents when a job‑related injury proves fatal. Your workers’ comp attorney knows how to file your claim so you receive the maximum benefits you are entitled to by law.
- We can help you file your paperwork in a timely manner.
- We will assemble all necessary work and medical records and documents to support your claim.
- Your attorney will handle all communications with your employer’s insurance company.
- We will gather all medical and vocational evidence to support your claim.
- We can help negotiate a lump‑sum settlement when appropriate.
Wilkes-Barre PA Industry By the Numbers
When someone thinks of a workplace accident, we usually imagine a jobsite where a construction accident lawyer might be needed or a busy factory floor. However, the risk for injuries exists in every work environment, from behind the desk at an office to a bustling warehouse. Some of our biggest industries in Luzerne County include:
According to the Pennsylvania Department of Labor and Industry, Wilkes‑Barre’s top ten industries are:
- Warehousing and Storage
- Restaurants and Other Eating Places
- Elementary and Secondary Schools
- General Medical and Surgical Hospitals
- Employment Services
- Individual and Family Services
- Grocery and Convenience Retailers
- Executive, Legislative, and Other General Government Support
- Plastics Product Manufacturing
- Outpatient Care Centers
Munley Law’s workers’ compensation attorneys have represented injured workers across all of NEPA’s many industries. If you have been injured at work, or if you are suffering from an occupational disease and you are ready to file your workers’ comp claim, call us today for a free case evaluation.
How Do I File a Workers’ Compensation Claim?
There are a few very important steps to starting your workers’ comp claim.
If you have been injured due to a workplace accident or incident, seek medical care immediately and notify your employer as soon as possible, preferably in writing. Be sure to include the exact day, time, location, and circumstances under which the injury occurred. Keep track of all of your visits to medical appointments and keep all of your medical records.
If you are opening a claim to receive benefits for an ongoing repetitive injury or other stress‑related condition caused by your job, notify your employer as soon as your doctor makes the diagnosis.
The employee reports their injury or illness to their employer
An injured employee is required to provide written notice, and most states set deadlines for reporting injuries. Per the PA Department of Labor & Industry, an employee should report all injuries to their employer as soon as possible.
The employee must give notice within 21 days of the date of the injury in order to receive retroactive benefits, unless the employer already has knowledge of the injury.
Notice given more than 120 days from the date of injury may result in the loss of workers’ compensation unless the employer already knew of the injury.
In the case of an injury or illness caused over time, the employee must report the injury or illness according to these timeframes after receiving an official diagnosis.
The employer starts the affected worker filing the required paperwork
Once you report your injury or illness, your employer will provide you with your claim form which is to be filled out and returned to the employer. This form will request all of the details of the injury or illness.
You should also be provided a report of injury form which will be submitted to PA’s workers compensation board.
The employer reports the injury to the state and files your claim with the workers’ compensation insurance carrier
Your employer will send the claim form to your workers’ compensation insurance carrier and your doctor will submit an additional medical report.
The insurer approves or denies the claim
The claim is filed. It is now in the hands of the workers’ compensation insurance company to approve or deny your benefits.
If your claim is approved
- Accept the employer’s workers’ compensation insurance company’s benefits offer, which may cover the costs of medical expenses, disability benefits, and some of your lost wages, or
- Negotiate for a lump‑sum settlement or a larger structured settlement.
If your claim is denied
- Request a review for reconsideration from the insurance company.
- File a formal appeal through the PA State Workers’ Compensation Board.
A workers’ compensation lawyer from Munley Law will cost you nothing upfront—see our workers’ comp FAQ for details. Call us today for a free case evaluation, or fill out the form below.
Do All Workers’ Comp Cases End With a Settlement?
In short, most PA 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 represent 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 settlement is usually a lesser amount than a non‑CR claim would be.
If for any reason the parties involved cannot agree on a settlement—for instance, when complex third‑party claims are in play—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.
The Wilkes-Barre workers’ compensation lawyers at Munley Law have been representing the hardworking people of Pennsylvania for more than six decades.
We have the experience as trial lawyers if your workers’ comp case does go to court, and we have the negotiating power to ensure you receive a fair settlement.
Contact us today for a free consultation.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
