At Munley Law, we help workers in Stroudsburg navigate Pennsylvania’s workers’ compensation system with confidence. From filing claims to appealing denials, our Stroudsburg workers’ compensation attorneys focus on protecting your rights and maximizing the benefits you’re entitled to under the law.
For over 60 years, we have been navigating Pennsylvania’s workers’ compensation system on behalf of injured workers. Our attorneys have been recognized by Best Lawyers, with J. Christopher Munley being named Lawyer of the Year – Workers’ Compensation. Caroline Munley is a certified workers’ compensation specialist recognized by the Pennsylvania Bar Association, and Robert W. Munley III is a respected educator in the field.
These are the answers to the most frequently asked questions and concerns we hear from workers in Stroudsburg.
Contact a Workers’ Compensation Attorney at Munley Law
Call Us At 844-686-5397 What Is Workers’ Compensation and How Does It Work in Pennsylvania?
Workers’ compensation (also called workman’s comp) is an insurance program that provides coverage for workers who have suffered injury or illness during their employment. Several states have laws and regulations on workers’ compensation. In addition, the federal government operates a workers’ compensation program for many federal workers.
In general, if you suffered an injury or have become sick at work in Stroudsburg, you have the right to receive workers’ compensation from your place of employment to cover your medical expenses and lost wages for your injury or illness. An employee injured while working is entitled to compensation regardless of the employee’s fault.
What Should You Do Immediately After a Workplace Injury or Illness?
Notify your employer immediately. As long as you were not engaging in any illegal behavior and working at the time of the accident, your injury or illness is covered by workers’ compensation insurance.
If you have been injured while on the job, report the injury as soon as it happens, even if it seems minor. Include the date and time of your injury and whatever circumstances caused the injury to occur. If you tell your employer verbally that you were injured on the job, you should also follow up with a written notification.
Suppose you are suffering from an occupational illness or injury that occurred over time from workplace conditions, such as mesothelioma or carpal tunnel syndrome. In that case, you must report this to your employer as soon as you receive your official diagnosis from your licensed medical provider.
Be sure to:
- Keep a record of all of your medical appointments
- Keep all of your medical records
- Keep track of all of your lost wages
- Get a Munley Law Stroudsburg workers’ comp attorney
If you are an injured worker or have become sick due to a work-related injury or illness, our Stroudsburg workers’ comp lawyers can help you every step. Munley Law can help. Contact us today for your free consultation.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
How Do You File a Workers’ Compensation Claim in Stroudsburg Step-by-Step?
When you are injured on the job in Stroudsburg, there are steps you need to take to secure your workers’ comp benefits. Here is a step-by-step guide to what you should do next:
1. Report the Injury or Illness to Your 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, employees should report all injuries to their employer immediately.
The employee must give notice within 21 days of the injury to receive retroactive benefits unless the employer already knows 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.
2. Seek Medical Attention from an Approved Medical Professional
Your employer will provide a list of doctors approved by the workers’ compensation insurance company. Within the first 90 days of your injury, you must choose a doctor from the list to treat your injury. If you are unsatisfied with the doctor you have chosen, you can select another one from the list.
If you require treatment after 90 days, you can then have any doctor you choose to treat your injury.
3. Complete the Workers’ Compensation Forms from Your Employer
Once you report your injury or illness, your employer will provide you with your workers’ comp claim form, which will 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 your employer will submit to the PA’s workers’ compensation board.
When you complete the claim, your employer will send the claim form to your workers’ compensation insurance carrier, and your doctor will submit an additional medical report.
4. Wait for the Insurer to Approve or Deny Your Claim
The claim is filed. It is now in the hands of the workers’ compensation insurance company to approve or deny your benefits.
If the insurance company approves your claim:
If your claim is approved, the insurance company will inform your employer and contact you with benefit details. You and your Stroudsburg workers’ compensation attorney (if you have one) can now:
- 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 you can
- Negotiate for a lump-sum settlement or a larger “structured” settlement.
If a claim is denied:
If your employer’s insurer denies your payments, you and your Stroudsburg workers’ compensation lawyer have the option to:
- Request a review for reconsideration from the insurance company
- File a formal appeal through the PA State Workers’ Compensation Board
How Can a Stroudsburg Workers’ Compensation Lawyer Help Your Case?
Your workers’ comp case starts the second you report your injury or illness to your employer. Your Stroudsburg worker’s compensation attorney will make sure you keep all of your deadlines for filing paperwork and reports; record, report, and process the medical evidence necessary to support your claim; help you find medical experts who do not work for the insurance companies; help you determine the actual value of your case and help you with any potential settlement offers; help you file your requests for re-evaluation if your claim is initially denied. Your attorney is there to fight for you to ensure you receive all the medical benefits you are entitled to.
A Stroudsburg workers’ compensation lawyer from Munley Law will cost you nothing upfront. Call us today for a free case evaluation, or complete the form below.
Do Workers’ Compensation Cases Always Settle in Pennsylvania?
While it’s true that most workers’ compensation cases end in a settlement, there are occurrences where they could end in court. Usually, the insurance or employer can agree with the injured employee on what works best for both sides.
However, if you’re asking, “Do all Stroudsburg workers’ compensation cases end in a settlement?” the answer is no. If there is no agreed settlement, a workers’ compensation case can be sent to a judge for a ruling.
To ensure you receive maximum compensation or the best representation in the case of a trial, you should have an experienced lawyer by your side. The Stroudsburg workers’ compensation lawyers at Munley Law Personal Injury Attorneys have been representing the hardworking people of Northeastern Pennsylvania for more than 60 years. We have experience as trial lawyers if your case does land in court, and we have the negotiating power to ensure you receive a fair settlement. Contact us today for a free consultation.
What Happens If You’re Injured on Someone Else’s Property While Working?
Whether the accident occurred on the business’s property or on someone else’s, as long as you’re on the job, you are entitled to workers’ comp benefits. In addition, you may have a third-party claim in Stroudsburg against the property owner if there was a known hazard on the property, for example maintenance contractor injured on a resort property they don’t directly work for.
For example, if you were making a delivery and the owner’s dog attacked you, you can collect workers’ compensation as well as have a personal injury lawsuit against the owner for the attack.
If you are having trouble with your workers’ compensation benefits after being injured on the job, know your rights. Our Stroudsburg workers’ compensation lawyers are ready to help you with your claim and ensure you can recover stress-free, knowing you are receiving the maximum workers’ compensation insurance you are entitled to.
Who Is Covered by Workers’ Compensation in Pennsylvania?
Most employees in Pennsylvania are covered by workers’ compensation; however, there are a few exceptions. According to the PA Department of Labor and Industry, workers’ compensation coverage is mandatory for most employers under Pennsylvania law. Employers who do not have workers’ compensation coverage may be subject to lawsuits by employees and to criminal prosecution by the Commonwealth.
Some employers are exempt from workers’ compensation coverage. Exemptions include:
- People covered under other workers’ compensation acts, such as railroad workers, longshoremen, and federal employees
- Domestic servants (coverage is optional)
- Agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer
- Employees who have requested and been granted an exemption due to religious beliefs or their executive status in certain corporations
What Should You Do If Your Workers’ Compensation Claim Is Denied?
A worker may be denied their benefits by the insurer initially. You are entitled to file an appeal. If your workers’ compensation claim in Stroudsburg was denied, you should have an experienced lawyer. The Stroudsburg workers’ compensation lawyers at Munley Law have represented Stroudsburg injured workers for nearly 70 years, from those who work at East Stroudsburg University, our brave healthcare workers in Stroudsburg, to warehouse workers and restaurant employees.
Your initial consultation is free, and we collect no fee until you receive your benefits.
What Benefits Are Included in Workers’ Compensation Coverage?
Your benefits will provide compensation in exchange for medical treatment for an injury. They can also provide temporary disability payments when your health deteriorates, and you cannot work.
In some cases, if a loved one passes away after a workplace incident, the family may receive workers’ comp death benefits in Stroudsburg.
If you lost the use of a body part, you could also receive specific loss benefits. To learn more about what compensation you could receive in a workers’ comp claim, contact our Stroudsburg workers’ compensation attorneys.
Are Long-Term Injuries and Occupational Diseases Covered?
The workers’ compensation program will cover you in the event of an accident, injuries sustained due to long-term stress, or illnesses resulting from job conditions or an on-the-job injury. However, workers’ comp eligibility is limited to occupational disease, and there are certain restrictions.
Speak with a qualified workers’ compensation attorney at Munley Law for free if you have any questions.
What Types of Workplace Injuries Are Not Covered by Workers’ Compensation?
Work injury coverage is available for almost every worker’s accident—but not every injury. In general, workers’ comp doesn’t cover accidents caused by intoxication or drug use. Coverage is not available on a personal injury claim– for instance, if you start a physical altercation at work and you are injured as a result.
How Much Does a Workers’ Compensation Lawyer Cost in Stroudsburg?
Our Stroudsburg workers’ compensation lawyers work on a contingency basis, which means you do not have to pay us a fee until your case is settled. If we are unable to get you compensation for your workplace injury, you do not owe us a fee. And as always, the first consultation is always free.
How Long Does It Take to Receive Workers’ Compensation Benefits in Pennsylvania?
In Pennsylvania, benefits may begin within a few weeks after your claim is approved. However, delays can occur if the insurance company investigates your injury or disputes your claim. Prompt reporting and complete documentation can help speed up the process.
If your claim is denied or delayed, filing an appeal or working with an attorney can help move your case forward more efficiently.
What Percentage of Your Wages Does Workers’ Comp Pay?
Workers’ compensation typically pays about two-thirds of your average weekly wage, subject to Pennsylvania’s maximum limits. The exact amount depends on your earnings before the injury. These benefits are generally not taxable, which can help offset the reduced income.
Can You Be Fired While on Workers’ Compensation?
You cannot be fired solely for filing a workers’ compensation claim. However, employers may terminate employment for unrelated reasons, such as company restructuring. If you suspect retaliation, you may be able to take legal action to protect your rights.
What Is a Workers’ Compensation Settlement?
A settlement is an agreement where you receive a lump sum or structured payments instead of ongoing benefits. This resolves your claim fully or partially. Before accepting a settlement, it’s important to understand whether it covers future medical expenses and lost wages.
What Happens If Your Employer Doesn’t Have Workers’ Compensation Insurance?
Pennsylvania law requires most employers to carry workers’ compensation insurance. If they fail to do so, they may face penalties, and you may still have options to recover compensation. This can include filing a claim through the Uninsured Employers Guaranty Fund.
What Do I Do If My Employer Doesn’t Have an HR Department?
Fairly common in adventure tourism industries in the Pocono Mountains, certain small businesses won’t have HR departments to help file and process workers’ comp claims. Regardless, you should report your injury to a direct supervisor or the owner, and if they fail to act – contact a lawyer.
Contact Munley Law’s Stroudsburg Workers’ Compensation Attorneys Now
If you were injured while working in Stroudsburg and need help with the workers’ compensation process, our Stroudsburg workers’ comp lawyers are here to help.
Contact Munley Law today to schedule a free consultation.
Caroline Munley
Caroline Munley is an experienced and award-winning personal injury lawyer and is a board-certified workers’ compensation specialist. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA), Lawdragon, and has been a Pennsylvania Super Lawyer since 2022. A member of the International Society of Barristers, Caroline has won millions of dollars for car accident, commercial truck crash, and workplace injury victims.
