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Do You Need a Lawyer for a Workers’ Comp Claim?

If you were injured in a work related accident, you should retain an experienced Pennsylvania workers’ compensation lawyer. 

While your workers’ compensation claim may seem simple and straightforward, the workers’ compensation claims process can quickly become confusing and overwhelming due to the various defenses asserted by employers and insurance companies. 

The dedicated workers’ compensation lawyers at Win Big Law can help you navigate the complexities of the Pennsylvania workers’ compensation system in order to maximize your financial compensation.

When a Workers’ Comp Attorney Can Help You

Employers and workers’ compensation insurance companies sometimes mislead injured employees and discourage them from making workers’ comp claims or speaking with a workers’ comp lawyer. 

Stated simply, employers and workers’ compensation insurance companies do not want people to be aware of their rights, or the strength and value of their potential workers’ compensation claims. At Win Big Law, our Pennsylvania workers’ compensation lawyers can advise you on the benefits you can claim, and also help you build a strong workers’ comp claim by gathering evidence, and ensuring all necessary paperwork is filed correctly and on time. 

The Overall Complexity of Your Case

Workers’ comp claims can quickly become intricate, involving numerous legal and factual disputes. This is especially true if an employer denies a workers’ compensation claim by arguing the employee’s injuries resulted from intoxication or willful misconduct

A personal injury lawyer can help you build a strong case while also avoiding potential mistakes if your workers’ compensation claim faces these potential defenses, or involves serious injuries which may leave you permanently disabled.

Your Employer Denies Your Injuries Happened On-the-Job

Under Pennsylvania law, you can make a workers’ compensation claim if you suffered an injury while in the scope and course of your employment. Sometimes, employers deny workers’ compensation claims by arguing the injury occurred outside of regular work hours. The  seasoned workers’ comp attorneys at the Win Big Law Firm can gather compelling evidence, interview witnesses, and build a robust case to challenge your employer’s denial and protect your rights.

Any Pre-Existing Conditions

While a pre-existing injury does not provide grounds for a compensable claim, an employee can obtain workers’ compensation benefits if a job related condition aggravated or exacerbated the pre-existing injury or illness. However, the employee is only eligible to receive workers’ compensation benefits for the time period the aggravation renders them unable to work. An employee’s ability to claim workers’ compensation benefits is also limited if the aggravation of the pre-existing condition did not cause any permanent injury or disability as Pennsylvania Courts focus on whether the aggravation of a prior existing condition permanently affected an employee’s earning ability.

Claim Denials or Lack of Urgency

Sometimes, employers and workers’ compensation insurance companies deny valid claims or simply delay making decisions along with slow walking disbursement of benefits. They do this with the goal of discouraging injured workers from making workers’ compensation claims or seeking the benefits they need to recover from their injuries. If your workers’ comp claim has been unfairly denied or is met with significant delays, the personal injury attorneys at the Win Big will fight to hold your employer and their insurance company accountable.

Your Employer Tries Terminating Your Employment

Pennsylvania is an “at-will” jurisdiction which means employers can terminate employees with or without cause. An employer may face legal liability for wrongful discharge and retaliation if they terminate an employee for making a workers’ compensation claim. If your employer retaliates by terminating your employment unjustly, the attorneys at the Win Big Law Firm can help you pursue a lawsuit against your employer while also fighting to get you the workers’ compensation benefits you are entitled to receive.

Any Third-Party Involvement

Normally, employees can only seek workers’ compensation benefits for work resulting from work related accidents. However, if a third party, i.e., a contractor or non-employee, caused your injuries, Pennsylvania law allows you to pursue a personal injury lawsuit against them along with seeking workers’ compensation benefits. Representation by an experienced workers’ compensation attorney is essential as Pennsylvania law gives your employer and their insurance company the right to assert a lien against a potential personal injury award in order to obtain partial compensation for the workers’ compensation benefits they provided.

Your Benefits Didn’t Cover All Medical Bills or Lost Wages

Pennsylvania law requires an employer to pay related medical treatment expenses within 30 days. Sometimes, employers and insurance companies decline to pay all medical bills by arguing they were not properly submitted despite Pennsylvania law’s 30-day requirement. If you find your workers’ comp benefits fall short of covering your medical expenses, you can seek penalties against your employer if they previously paid your medical expenses or if you can show you provided them with sufficient information to pay your medical expenses.

Your Injuries Resulted in Permanent Disability to Return to Work

Suffering from a permanent disability due to a workplace accident can be life-altering. Under Pennsylvania law, you can seek benefits if a doctor determines you are totally disabled, i.e., completely unable to work or resume your prior employment. An experienced workers’ comp attorney can assess the true extent of your impairment and pursue the maximum compensation possible to support your future well-being. We’ll help fight against your employer’s insurance company and guide you through the complexities of the Pennsylvania Workers’ Compensation Act.

When You May Not Need a Lawyer for a Workers’ Comp Claim

In straightforward cases with minimal disputes or injuries, you may not require legal representation for your workers’ comp claim. If your employer and their insurance company are cooperative, handling the claim independently might be feasible. However, it is still advisable to consult with a workers’ comp attorney to ensure your rights are protected and to ensure you receive the benefits you need to fully recover from your injuries.

Workers’ Compensation Claims Differ from Personal Injury Cases

Workers’ compensation insurance is “no-fault” which means you do not have to prove another person’s negligence in order to receive benefits. In fact, you may still be able to seek workers’ compensation benefits even if your own negligence caused the accident and your injuries. To win a personal injury lawsuit, you must prove the other person’s negligence caused the accident and your injuries.

Insurance Companies Will Fight Against Your Claim

Insurance companies often prioritize their profits and may try to downplay the severity of your injury or deny your claim. They often rely on weak legal and factual defenses with the goal of wearing you down or discouraging you from pursuing a workers’ compensation claim. The workers’ compensation lawyers at Win Big are not afraid to fight back against powerful insurance companies in order to protect the rights of injured employees.

Summary of When to Find an Attorney For Your Workers’ Comp Claim

You should hire a workers’ comp attorney if you were injured in a workplace accident. Pennsylvania workers’ compensation law is complex and may require you to fight your insurance company on issues such as scope of employment, aggravation of a pre-existing injury, wilful misconduct, and a third party lien. Contact the workers’ compensation lawyers at Win Big for a free consultation and to learn how we can guide you through these complex areas of law while also building a strong case on your behalf.

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