The recent PA Supreme Court decision in Protz v. Workers’ Compensation Appeal Board (Derry Area School District) may affect Pennsylvania workers who have received disability benefits. If you underwent an IRE, contact a workers’ compensation lawyer at Munley Law to learn how the court decision may affect your benefits.
Were you injured at work? Contact a PA workers’ compensation lawyer at Munley Law for a free consultation.
If you’ve been hurt on the job, you need to speak with a top Pennsylvania workers’ compensation lawyer at Munley Law. For more than 55 years, our team of personal injury lawyers have helped thousands of clients throughout Pennsylvania with their workers’ compensation claims. We have earned the highest possible peer-review ratings from Martindale-Hubbell, and have consistently been named among the Best Lawyers in America. In 2016, the legal guide Best Lawyers named J. Christopher Munley Workers’ Compensation Lawyer of the Year in the Allentown metro area.
Was Your Workers’ Compensation Claim Denied?
Workers’ compensation benefits exist to pay for medical expenses and lost wages when you suffer a work-related injury, illness, or aggravate an existing condition because of the work you perform. However, many workers compensation claims are denied because the process can be confusing, especially for someone who has never completed a claim form before. Once you complete the claims process, workers’ compensation representatives may deny your claim, arguing that your injury was not work-related.
If workers’ comp denies your claim, or if you stop receiving benefits before you can return to work, you should contact a workers’ compensation lawyer. Our workers compensation attorneys have decades of experience handling these types of cases, and we remain abreast of the latest changes in Pennsylvania employment laws. We can help you navigate the entire process to make sure that you get the benefits you deserve. For answers to common workers’ compensation questions, click here.
Recent Workers’ Compensation Settlements
- $325,000 – Low back injury requiring multiple surgeries
- $265,000 – A worker who suffered a lumbar sprain
- $250,000 – An injury resulting in a double amputation above the knee
- $165,000 – An employee who suffered a shoulder sprain
- $130,000 – A work injury resulting in low and upper back, shoulder, and neck sprain
- $128,832 – An ankle fracture sustained at work
- $125,195.20 – A neck and back injury sustained on the job
- $120,000 – A low back sprain that occurred at work
- $106,000 – An injury resulting in a torn rotator cuff
- $100,000 – A work injury that aggravated an existing knee injury
- $100,000 – An employee who sustained a finger fracture at work
What is a Third Party Workers’ Comp Claim?
Workers’ comp insurance allows you to collect compensation for a work-related injury without filing a lawsuit against your employer. While you cannot sue your employer, you may be able to bring a third party claim against another person or entity responsible for your injury. For example, if a faulty piece of machinery resulted in an accident, you may have cause to bring a claim against the machine’s manufacturer. To learn more about your legal options, contact a workers’ compensation lawyer at Munley Law. We will explore every avenue to make sure you get the maximum recovery,
Let Our Workers’ Compensation Attorneys Help You with Your Work Injury Claim
If workers’ compensation denies your claim, you should seek a work injury lawyer immediately. Our dedicated team of workers’ compensation lawyers and paralegals will help you get the benefits owed to you.
We understand that the aftermath of a work-related accident can be a difficult time in your life. We are here to help. Contact us now for a FREE case evaluation for your workers’ compensation case. Call us at 844-686-5397 or click here to email us. A member of our work accident injury team will get back to you right away.
Workers’ Compensation Client Testimonials
“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
“About 5 months ago, I had injured my back after lifting a heavy box at work. My employer refused to submit my claim even though the doctor had said the injury was caused by the action. I turned to Caroline Munley for help and I’m glad that I did. She walked me through filing my claim and helped me get the money to pay for my medical bills. I don’t know where I would be without her. Thank you, Ms. Munley!”
-Lisa, a Workers Compensation Client
Workers’ Compensation Questions and Answers:
Q: What do I need to do after an accident at work?
A: Immediately after the accident, report it to your supervisor and make sure an incident report is made. Even if your injury seems minor, it’s best to have a record of the event in case complications arise later on. After you report your injury, workers’ compensation insurance representatives may contact you asking for details. Do not feel pressured to sign away your workers’ compensation rights. Never sign any insurance document until a lawyer has reviewed it first. If you have questions about how to apply for workers’ compensation, or if you claim has been denied, call us for a free consult.
Q: Is there a statute of limitations for workers’ compensation cases?
A: Under Pennsylvania law, you must notify your supervisor at your place of employment within 120 days of the date of injury. Failure to do so can result in your claim being denied, so we suggest that you make the report immediately after the accident. Keep in mind that to be successful, any workers’ compensation case must be filed no later than three years from the date of injury or disability.
However, if you or a family member suffer from a disease that was contracted during your employment (such as Black Lung disease from working in a coal mine, or mesothelioma due to asbestos exposure), the laws are a bit different. 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 under 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, no matter how big or small, are required to have workers’ compensation insurance. Workers in certain industries may be covered under different compensation laws specific to that particular industry, such as railroad or shipyard workers. Exceptions such as volunteers and independent contractors may not be considered an employee and therefore may not be covered. But, that doesn’t mean you are out of options. Contact a workers’ compensation lawyer at Munley Law to learn more about your legal rights as an employee.
Q: Can I choose my own doctor?
A: For the first 90 days of medical care, you are required to choose from a list of doctors provided by your employer. 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.
If you require treatment beyond 90 days, you then have the option to choose your own doctor. If, after 90 days, you do decide to choose a doctor not on your employer’s list, you must notify your employer within five days after your first visit.
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 $995, for injuries occurring on or after January 1, 2017. This number changes yearly.
After two years, your disability status may be reviewed. At this time, if you are no longer at least 50% disabled (based on American Medical Association guidelines) your disability will convert to a partial disability. A partial disability that reduces your ability to work and your earning capacity may be compensated by a weekly amount that is two-thirds the difference between your present earnings and what you earned prior to the injury. You may receive these partial disability benefits for 500 weeks or for as long as you are working at the lower wage.
Q: When will I receive workers’ compensation payments?
A: As long as you are not denied compensation, you should begin receiving benefits approximately 21 days after you reported your injury to your employer.
Q: What should I do if my workers’ compensation claim is denied?
A: Don’t panic. It is not uncommon for an insurance company to deny a workers’ compensation claim. If you are denied workers’ compensation, you have three years from the date of your injury to file a claim with the Bureau of Workers’ Compensation. In this case, it is best to hire a lawyer who is familiar with the entire claims process and who knows the intricacies of workers’ compensation laws. The right lawyer will be instrumental in ensuring that you receive the compensation you deserve.