Workers Compensation Attorneys
Workers compensation claims are those in which an employee seeks to recover compensation arising from injuries suffered while the employee was working for his or her employer. Under Pennsylvania law, an employee generally is prohibited from suing an employer for injuries suffered or diseases incurred in the course and scope of the employee’s employment. Instead, the employee must typically bring a claim, if at all, under the employer’s workers’ compensation insurance policy. Because employees are generally precluded from suing employers, Pennsylvania requires all employers to maintain workers compensation insurance, so that employees will not be left without a remedy in the event they are injured on the job. Even if you have a single part-time employee, you must maintain workers compensation insurance. In the event that an employer cannot obtain private insurance the employer can apply for, and will be granted coverage under the Pennsylvania State Workers Insurance Fund.
Our workers compensation attorney’s at Haggerty & Silverman are extremely knowledgeable in regards to the legal rights of all workers. We carefully review your worker’s compensation claim and assess the next logical steps needed to ensure proper financial compensation is rendered. If you’ve been injured on the job or became ill due to poor working conditions, you are entitled to compensation.
There are many types of benefits attached to Pennsylvania workers compensation. Some of situations you could receive compensation for include:
• Medical Bills
• Injuries from Defective Products
• Lost Wages
• Illness or Infections from working environment
• Physical Injuries
Know Your Rights As An Employee
Although you are generally prohibited from recovering damages against your employer, there are certain circumstances where you may be entitled to recover workers compensation benefits for injuries beyond the amounts recoverable for lost wages. For example, if you suffered an injury that caused a scar on your head, face or neck you may be entitled to additional monetary compensation. Similarly, if you suffered a burn on your head, face or neck, you may be entitled to additional damages. Furthermore, even where you are precluded from pursuing claims directly against your employer, you can still pursue claims against other responsible third parties.
If you were hurt on the job, you are entitled to a full and fair recovery. It is not uncommon in such cases for workers compensation insurance carriers to attempt to limit their exposure by denying your claims, attempting to cajole you into accepting reduced benefits, or requiring you to go back to work before you are physically capable. You need a Lancaster Workers Compensation Attorney to protect your rights. Our Pennsylvania Workers Compensation Lawyers will see to it that you are represented in your dealings with the Pennsylvania Bureau of Workers Compensation and that you have assistance in navigating through the red tape. We will be your advocate in gathering necessary medical records, communicating with the workers compensation insurance carriers, and pursuing all legal remedies available against responsible parties.
Frequently Asked Questions
Q: How soon can I collect workers’ compensation?
A: Workers’ compensation starts on the fourth day of disability (subject to a three day waiting period)
Q: Are all Pennsylvania workers eligible for workers’ compensation?
A: Most Pennsylvania part-time and full-time employees are covered by the Workers’ Compensation Act.
Q: How do I determine my workers’ compensation rate?
A: Your rate is based on 60% of your average weekly rate. To determine your average weekly rate, add your gross wages for the previous 26 weeks leading up to your injury and then divide by the number of total weeks.
Q: Can I see my own doctor if I am injured on the job?
A: It depends if your carrier is using a managed care program or not. If yes, then you must choose a doctor within the provided network. If no, then you may choose your own doctor.
Q: Who pays for my prescriptions if I am injured on the job?
A: In most cases the insurance carrier will reimburse you for any prescriptions relating to your injury within thirty days from receipt of the request.