In Pennsylvania

When you or a loved one is hurt on the job, you need dependable representation like the Philadelphia workers’ compensation attorneys at Win Big Law.

Win Big Law Specializes In Workers’ Compensation Claims

At Win Big Law, our experienced personal injury attorneys specialize in helping our clients navigate the complex process of filing and winning workers’ compensation claims. Our team of skilled workers’ compensation attorneys have a strong record of success in getting our clients the medical treatment, disability benefits, and financial compensation they deserve.

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To Get What You Deserve, You Need Legal Representation

The workers’ compensation process can be overwhelming and confusing, especially when dealing with a serious injury or illness. That’s where we come in. Our Pennsylvania workers’ compensation attorneys will handle all the legal details and advocate for your rights so you can focus on your recovery. We will work hard to get you the maximum financial compensation under the law.

Contact us today to learn more about our services.

What Workplace Injuries And Job-Related Illnesses Are Covered?

The Pennsylvania workers’ compensation act covers a wide range of injuries and illnesses. Under Pennsylvania law, you have a compensable claim if you suffer a work injury while in the course of your employment. Additionally, the Pennsylvania Supreme Court has also held employees have valid claims if their injuries are related to their employment.

Musculoskeletal injuries

Musculoskeletal Injuries

According to the 2021 Workers’ Compensation Annual Safety Report, physical injuries accounted for nearly 40% of workplace injuries in Pennsylvania. Employees suffered painful injuries such as strains, sprains, and fractures, often resulting from lifting heavy objects or performing repetitive tasks. While these injuries may seem minor, they can prevent an employee from returning to work.

Traumatic injuries

Traumatic Injuries

Not all workplace accidents are minor. Employees often suffer life-altering injuries such as cuts, bruises, and lacerations, which can be caused by accidents or falls at work. According to the  2021 Workers’ Compensation Annual Safety Report, over 30% of claims in Pennsylvania were for serious bodily injuries.

Occupational illnesses

Occupational Illnesses

In addition to physical injuries, the Pennsylvania workers’ compensation act also covers a variety of occupational diseases. Victims sometimes develop various illnesses, such as respiratory conditions and cancer, which may develop over time due to exposure to hazardous substances or conditions on the job. If you were employed in an industry in which an occupational disease is a known hazard, Pennsylvania Law presumes your illness is work-related.

Mental health conditions

Mental Health Conditions

Not all work-related injuries are physical. Many injured workers suffer from stress, anxiety, and depression, which can be caused by various factors, including workplace harassment, discrimination, or bullying. Pennsylvania law recognizes three types of mental health-related workers’ compensation claims:

  • A physical / mental claim – an employee must prove a bodily injury resulted in them suffering a mental health condition.
  • A mental / physical claim – an employee must prove an external mental health stressor caused them to develop a physical injury.
  • A mental / mental claim– an employee must prove a traumatic event or a continuous mental health stressor caused them to develop a debilitating psychological injury or condition.

When Workers’ Compensation Benefits End

Depending on the facts of your case and the extent of your injury, your workers’ compensation benefits may end. This may happen because you have reached maximum medical improvement and you are able to return to work. If you believe your employer’s decision to end your workers’ compensation is unjust, you have the right to contest their decision.

Termination of Workers' Comp Benefits

If your employer or their insurance company believes you are no longer entitled to workers’ compensation benefits, they can move to have your benefits terminated by filing a petition with the Workers’ Compensation Bureau. Workers’ compensation insurance companies often move to terminate benefits for a variety of reasons including:

  • An employee being convicted of a crime
  • An employee ignoring requests to undergo medical examinations
  • An employee who ignores medical advice
  • The 500 week partial disability time period ends
  • An employee fully settles their workers’ compensation claim

Modification of Workers Comp Benefits

Unlike terminating benefits, a modification means an insurance company is seeking to reduce or change an employee’s workers’ compensation benefits. Workers’ compensation insurance companies usually seek modifications because they have a doctor’s stating an employee is able to return to work at a light duty capacity. Alternatively, a modification may seek to reduce or change an employee’s medical treatment.

Warning Signs of Petition for Modification or Termination

If you are receiving workers’ compensation benefits, it is important to be aware of certain warning signs indicating your employer or their insurance company is seeking to modify or terminate your benefits. These signs could include requests for medical records, surveillance, or requests for you to attend an independent medical examination. Another sign is if your employer orders you to undergo an evaluation by a vocational rehabilitation counselor.

Suspension of Benefits

Your employer’s or their workers’ compensation insurance company can move to suspend your benefits if they have evidence showing you have failed to attend medical treatment or ignored your doctor’s medical directives. Additionally, your benefits could be suspended if your employer has an alternative job which pays the same amount of money as your prior position. Under Pennsylvania law, your employer or their workers’ compensation insurance company must prove you intentionally failed to attend medical appointments.

Reinstatement of Work Injury Benefits

If your workers’ compensation benefits have been suspended or terminated, it may be possible to have them reinstated. In order to have your workers’ compensation benefits reinstated after they are terminated, Pennsylvania law requires you to file a petition within three years and satisfy the heavy burden of proving your disability increased or recurred, and affected your physical condition. If your workers’ compensation benefits were suspended, you must file a petition for reinstatement within 10 years of the last date you received benefit

How To Challenge a Suspension of Workers’ Compensation Benefits

If your workers’ compensation benefits have been suspended, you can move to have them reinstated if the reason for the suspension is no longer valid. You can also challenge a suspension for failing to attend a medical appointment if your employer or their workers’ compensation insurance company failed to actually authorize the appointment. Additionally, you can challenge a suspension for failing to attend medical treatment if you can show you actually attended medical treatment or were unable to attend for reasons beyond your control.

What Is Unique About Win Big Law’s Attorneys?

Many personal injury attorneys are unwilling to litigate difficult cases. Alternatively, many personal injury lawyers only seek quick settlements, which do not fairly compensate their clients for their injuries. The skilled workers’ compensation lawyers at Win Big Law are fearless advocates who are not afraid to face off against powerful insurance companies to protect their injured clients.

Individualized Service

At Win Big Law, we take pride in the personalized service we provide to each one of our clients. Our Pennsylvania workers’ compensation attorneys always make themselves available to speak with our clients and their families. We understand every case is different, and we will provide legal assistance and work with you to develop a customized strategy to get you the best possible outcome.

They “Win Big”: Aggressive Litigation

In addition to our individualized approach, our Pennsylvania workers’ compensation lawyers are known for their aggressive litigation style. Our reputation for “winning big” for our clients is well-earned. We will not back down from a challenge and fight to get you the compensation you deserve.

Call Frank or Marisa to Discuss Your Case Today

If you suffered a workplace injury or developed a job-related illness, get the legal representation you deserve immediately. We represent injured workers throughout southeastern Pennsylvania.

Contact us today to learn more about our services.

What Must You Do To Help Win Big?

If you have been injured on the job or have developed a job-related illness, do not speak with your employer’s insurance company. They are not your friend, as they only care about protecting their bottom line. There are a few steps you should take to help a workers compensation lawyer win big for you:

1. File a LIBC-500 form…

Pennsylvania requires all employers to post a LIBC-500 form which contains the information for your employer’s workers’ compensation insurance carrier. It will also instruct you on providing notice of your injury to your employer, which is the first step in the workers’ compensation process. Under Pennsylvania law, you must notify your employer within 120 days of your injury or within 21 days of your injury to receive retroactive benefits.

2. Gather all of the information detailing your injury or illness.

The time following an accident is crucial to your claim, as evidence is readily available. You should attempt to collect witness statements and take photographs of the scene of the accident. You should also collect copies of your medical records and documentation of your lost wages.

3. Call Win Big Law

Retaining an experienced workers’ compensation attorney after your accident can help you avoid many legal and administrative roadblocks. Your employer’s insurance does not want you to speak with an attorney and instead wants to become overwhelmed by the workers’ compensation process and abandon your claim. At Win Big Law, we will thoroughly review the facts of your accident and work with you to build a strong workers’ compensation claim.

4. Take your medications and meet with your doctor

Recovering from your injuries should be your main priority following your accident. You should meet with your primary care provider to develop a treatment plan. It is important to follow your treatment plan and take medications prescribed to you to ensure the best possible outcome for your case.

FAQs About Pennsylvania Workers’ Compensation Claims

It is natural to have questions about Pennsylvania’s workers’ compensation process. We are here to help you and your family. Here are answers to some of the most common questions we get:

Employers and insurance companies deny claims for a variety of reasons. They frequently argue injuries did not occur while an employee was working in the course of their employment, were not work-related, or resulted from misconduct. Having an experienced attorney on your side can greatly improve your chances of success when your case is heard by a Workers’ Compensation Judge and throughout the appeals process.

The answer is “it depends.” Under Pennsylvania Law, you must treat with your employer’s medical provider if they have pre-designated doctors who are within reasonable traveling distance. However, after 90 days, you can choose your own healthcare provider.

The length of time workers’ compensation benefits are paid out will depend on the specific circumstances of your case and injury. If you are unable to work and rated as temporarily totally disabled, you can collect benefits for 104 weeks under Pennsylvania Law before your employer can request an Impairment Rating Evaluation to determine if you remain disabled. If you are rated as permanently partially disabled, you can collect benefits for up to 500 weeks under Pennsylvania Law.

Yes. Pennsylvania Law broadly defines the term “employee.” Workers’ compensation generally covers part-time and seasonal workers in Pennsylvania.

The amount of your settlement will depend on various factors, including the severity of your injury or illness and your average weekly wage. Under Pennsylvania’s workers’ compensation law, your attorney can negotiate a lump-sum settlement if you are willing to forgo any future medical benefits for your injury permanently. You may also want to consider a structured settlement which pays money out over time if you have concerns regarding how your settlement will be taxed.

We Serve All of Eastern Pennsylvania

Our office is located in Richboro, but we litigate workers’ compensation claims and personal injury cases for people from all locations in southeastern Pennsylvania including:

Call Frank or Marisa Today to Discuss Your Case

Retaining a skilled workers’ compensation lawyer soon after a workplace accident is crucial. The time limits for workers comp claims are strictly enforced.
Contact us today to learn more about our services.

Initial Consultations Are Always Free

At Win Big Law, our Philadelphia workers compensation lawyers represent injured employees in workers’ compensation cases on a contingency fee basis. We do not charge any upfront fees, so you have nothing to lose by reaching out to us. In addition to providing free consultations, we do not get paid unless we win your case or negotiate a favorable settlement with your approval.