How Long Do Pennsylvania Workers’ Comp Cases Take To Settle?
If you were hurt at work, you will need to know when you can expect relief from the bills piling
If you have been injured at work, you need the legal services of an experienced workers’ compensation lawyer who understands Pennsylvania’s workers’ compensation law. Refrain from relying on your employer’s workers’ compensation insurance carrier. At Win Big, our Pennsylvania attorneys focus on helping injured employees in their fight to receive the benefits they deserve.
Many employees make the mistake of seeking workers’ compensation benefits without obtaining legal representation. Our experienced team of workers’ compensation lawyers in Media, PA, are here to guide you through the complexities of Pennsylvania’s workers’ compensation law. We provide comprehensive assistance to injured workers in Media, PA, helping them navigate the legal process and secure the workers’ compensation benefits to recover from their injuries and rebuild their lives.
At Win Big Law, we take pride in being dependable advocates for injured workers in Media, PA, and Delaware County. Our law firm regularly battles well-known employers in Delaware County, such as Boeing, UPS, and Giant Foods, in workers’ compensation legal matters. With our extensive knowledge and experience in workers’ compensation law, you can trust us to handle your case with the utmost professionalism and diligence.
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Workers’ compensation benefits are available to most employees who suffer workplace injuries or illnesses. Under Pennsylvania law, employees include full-time, part-time, and seasonal workers. However, independent contractors and volunteers are generally not eligible for PA workers’ compensation benefits.
To make a workers’ comp claim, Pennsylvania law requires an employee to suffer an accidental injury or develop an illness while in the course and scope of their employment. Pennsylvania law broadly defines accidental injuries and occupational diseases. Accordingly, injured employees are eligible for workers’ compensation benefits for various workplace injuries and illnesses.
Pennsylvania enacted the Workers’ Compensation Act to assist injured employees. Before the enactment of this law, injured employees who were unable to work were forced to rely on their families, charities, and public benefits for financial support. Workers’ compensation benefits aim to provide financial assistance and support to injured workers.
Many workers cannot return to work due to their injuries. Injured workers who cannot work can seek temporary total disability benefits, which pay 2/3rds of their lost wages. Injured workers who can only return to work at light duty capacity can seek Temporary partial disability benefits, which pay 2/3rds of the difference between their pre-injury and post-injury wages.
Many workers are left permanently disabled due to their injuries. Accordingly, they are entitled to a permanency award under Pennsylvania workers’ compensation law. A permanency award is based on the severity of a victim’s disability along with the portion of the body which was injured.
Arguably, the most popular benefit of workers’ compensation insurance is reimbursement for medical care. Under Pennsylvania law, workers’ compensation insurance must cover all medical expenses related to a worker’s injury. While workers are allowed to choose their medical providers, they must treat with a medical provider selected by their employer for the first 90 following an accident.
Some workplace accidents in Media, PA, cause fatal injuries. A deceased worker’s family can seek workers’ compensation death benefits. In addition to funeral and burial expenses, death benefits also provide lost wages.
The time following a work accident in Media, PA, is crucial. There are many steps an injured worker can take to improve the legal and factual strength of their workers’ comp claim. In addition to obtaining medical treatment, you should obtain potential witnesses’ names and contact information.
Notify your employer or supervisor about your injury as soon as possible. Under Pennsylvania law, you must notify your employer of your injuries within 120 days of the accident. Failure to notify your employer may preclude you from pursuing a workers’ compensation claim.
Seek immediate medical attention for your injury. A common defense used by employers is using delays in obtaining medical treatment to minimize or deny workers’ compensation claims. Follow your healthcare provider’s advice and keep a record of all medical treatments and expenses.
Very often, employers provide only minimal information regarding workers’ compensation benefits. In short, they do not want injured employees to know their legal rights. Consult with our Media, PA workers’ compensation lawyers to understand the legal process and protect your interests.
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.
Before filing a workers’ comp claim, you should gather all relevant documents, such as photographs and medical records. Additionally, you should prepare a PA LIBC-100 Claim Form. Finally, only speak with your employer’s workers’ compensation insurance carrier if retaining a Media, PA workers’ compensation attorney.
Do not give up if your workers’ compensation claim has been denied. Our Media, and PA workers’ compensation lawyers, can help you understand the reasons for the denial. Additionally, our Pennsylvania super lawyers can guide you through the process of appealing the decision.
While workers’ compensation insurance is no-fault, there are still legal and factual defenses an employer can raise. Common reasons for a workers’ compensation claim to be denied include:
The attorneys at the Win Big law will review your case, identify the reasons for denial, and develop a strong appeal strategy.
The level of appellate review for denied claims is the Workers’ Compensation Appeals Board. The Board has many powers, including the ability to remand a denied claim for further hearings. Denied claims can also be further appealed through the Pennsylvania Court system, including up to the Pennsylvania Supreme Court.
Before workers’ comp benefits can be terminated, your employer must file a petition for a termination hearing. An employer can seek a termination based on the following:
If your workers’ compensation benefits are terminated prematurely, our skilled attorneys can assess the situation and help you determine the appropriate course of action.
A modification means an employer wants to reduce workers’ compensation benefits. If there are changes to your condition which affect your ability to work, your workers’ compensation benefits may be modified. Specifically, your employer can seek a modification if they have medical evidence proving you can return to work or no longer require medical treatment.
Understanding the warning signs of potential modification or termination of your workers’ compensation benefits can help you stay informed and take proactive measures. Common warning signs include requests for medical records and requests for medical examinations. Our Pennsylvania attorneys can provide guidance on recognizing these signs and taking appropriate action.
There are limited instances in which workers’ compensation benefits can be suspended. Your benefits can be suspended if your employer proves you ignored medical advice or intentionally failed to appear for a medical examination. Additionally, your benefits can be suspended if you refuse to accept a new job which pays the same amount of money as your prior position.
If your workers’ compensation benefits have been wrongly suspended or terminated, our attorneys will work tirelessly to reinstate your benefits and pursue the compensation you deserve. You only have three years to seek reinstatement of terminated benefits and ten years to seek reinstatement of suspended benefits. To have your benefits reinstated, you must prove your injury worsened if your benefits were terminated or the reason underlying your suspension is no longer valid.
Our law provides legal services throughout Pennsylvania. Win Big Law proudly serves clients in Media, PA, and the surrounding areas. Our dedicated workers’ compensation attorneys are ready to assist injured workers throughout the region, including:
If you have been injured at work, you need skilled legal representation. Our Media, PA workers’ compensation lawyers will evaluate your case, explain your rights, and provide guidance to help you win the compensation you deserve. Contact Win Big today for a free consultation.
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