Injured at work? Contact a PA workers compensation attorney at Munley Law for a free consultation.
After a work accident, you may wonder how you will pay your medical bills or how you’ll get paid for missed time from work. Fortunately, workers’ comp benefits cover most employees. But, these benefits may not be as straightforward as they seem. For instance, if you become disabled from your workplace accident, it could take months, or even years before you fully recover. Will your benefits cover you through this time?
If you’ve been injured on the job, you need to speak with a top Pennsylvania workers’ compensation attorney at Munley Law. Our team of personal injury lawyers have helped thousands of clients throughout Pennsylvania with their work injury claims. We have earned the highest possible peer-review ratings from Martindale-Hubbell, and have consistently been recognized by the Best Lawyers in America. The legal guide Best Lawyers named J. Christopher Munley Workers’ Compensation Lawyer of the Year in the Allentown metro area.
Let us review your claim for free. Chat live, fill out our contact form, or call (855) 866-5529 today. We do not collect a fee for our services unless we succeed in recovering your benefits. Se Habla Espanol.
Was your workman’s compensation 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 had to file a comp claim before. Workers’ compensation may deny your claim by arguing that your injury was not work-related. That’s when you need an experienced lawyer on your side.
If workers’ comp denies your claim, or if you stop receiving benefits before you are able to return to work, you should contact a workers’ comp lawyer. Our workman’s compensation attorneys have decades of experience with 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.
Recent Workers’ Comp 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’ comp lawyer at Munley Law. We will explore every avenue to make sure you get the maximum recovery.
Workers’ compensation and specific loss injuries
If your work injury resulted in permanent scarring/disfigurement, the loss of a limb, or the use of a body part, you may be eligible for “specific loss” payments.
Unlike regular workers’ compensation, you may collect specific loss payments even if your injury does not stop you from working. You do not need to be out of work in order to receive specific loss compensation. You simply must be able to show that your injury happened in the course of your job duties. You must also notify your employer of the injury within 120 days of its occurrence, and submit a workers’ compensation claim within three years of the date the injury was sustained. However, the earlier you act, the better.
How much will I be paid for specific loss?
The amount of money you receive for a specific loss injury will depend on the body part or function you have lost. For example:
- For the loss of a hand, you will receive 335 weeks of payments
- For a thumb, 100 weeks
- For an eye, 275 weeks
- For a foot, 250 weeks
See this chart for a complete list of specific loss injuries and the number of payments you will receive for each.
Workers’ compensation and penalty petitions
When an Employer or insurance company violates the provisions of the Pennsylvania Workers’ Compensation Act, an injured worker may be eligible to file what is called a penalty petition. Actions that may warrant a penalty petition can include:
- Delaying payment to a claimant without cause
- Terminating benefits unjustly
- Denying a claim due to an improper investigation of the work injury
- Failing to notify the injured worker, within 21 days, that the claim is denied
- Failing to pay medical bills
Injured workers who file a penalty petition may be eligible for an award of up to 50 percent of the past-due amount owed, plus interest, and attorney fees.
Our workers’ compensation attorneys help people in all industries
Warehouse and heavy machinery accidents – Serious and even fatal injuries can occur in industrial and warehouse settings in Pennsylvania. Working around heavy machinery and equipment can lead to an accident; the machinery may be defective, or there may be a lack of proper safety training. Injuries from accidents involving dangerous machinery can include crushed limbs, hands or fingers, amputation, broken bones, lacerations, electrical burns and wrongful death.
Construction accidents – According to OSHA, the construction industry is one of the most dangerous occupations in the U.S. The leading causes of private construction industry deaths were falls, struck by objects, electrocution and caught in between objects. Those four causes were responsible for 64.2% of construction worker fatalities. Falls, electrocution, crushing injuries, and equipment-related accidents can seriously injure Pennsylvania workers. Construction injuries can include:
- Traumatic brain injury
- Head & neck injuries
- Burns & electrical injuries
- Hearing loss
- Vision loss
- Loss of Limbs or Amputation
- Knee, shoulder and elbow injuries
- Wrongful death
Transportation accidents – Truck drivers have dangerous jobs. According to OSHA, the trucking and transportation industry sees a high rate of work-related fatalities. We represent long-haul truckers, delivery drivers, and other workers whose jobs require lots of travel.
Healthcare worker injuries – Nurses, at-home care providers, and other healthcare professionals work under strenuous conditions and frequently suffer job-related injuries.
Work-related illnesses –Work-related illness can occur from exposure to hazardous chemicals and other dangerous materials at work. Exposure to these dangerous toxins and chemicals can lead to serious respiratory conditions, renal disease, chemical burns and some forms of cancer, including mesothelioma.
Let our workers’ compensation attorneys help you
If workers’ comp denies your claim, you should seek a work injury lawyer immediately. Our dedicated team of lawyers and paralegals will help you get the benefits you deserve.
Our workers comp law firm understands 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 workman’s 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 Comp Client
Workers’ compensation Q&A:
Q: What do I need to do after an accident at work?
A: Immediately after the accident, report it to your supervisor and fill out an incident report. Even if your injury seems minor, it’s best to have a record of the incident in case you begin to feel more pain as time goes on. After you report your injury, workers’ compensation insurance representatives may contact you asking for details. Do not sign any insurance document or offer of settlement until a lawyer has reviewed it first. If you have questions about how to apply for workman’s 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: After a work injury, you have limited time to file a claim. Under Pennsylvania law, you must notify your supervisor at your place of employment within 120 days from the date of injury. Failure to do so can result in denial of your claim, so be sure to report your injury as soon as possible. Keep in mind that to be successful, any worker’ comp 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 Pennsylvania employee is covered 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’ comp 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 have no other options. Contact a work injury lawyer at Munley Law to learn more about your legal rights as an employee.
Q: Can I treat with my own doctor?
A: For the first 90 days of medical care, you must 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 may treat with any doctor of your choice. 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’ comp payments?
A: If your workers’ comp claim is approved, 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’s common for workers’ comp claims to be denied. If you are denied workers’ comp, 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 employment laws. The right lawyer will be instrumental in ensuring that you receive the compensation you deserve.