"There are more than 170,000 workplace injuries in Pennsylvania each year."
- PA Dept. of Labor and Industry
Skilled Pennsylvania Workers
Workers' compensation in Pennsylvania was established to make sure injured workers receive replacement wages and medical coverage. If you've been hurt at work, start by reporting your injury to your employer. You have 120 days to tell them you were injured at work. From there, they'll forward your claim to the insurance company.
But sometimes, it's not always such a simple process. The insurance company can deny your claim, or your employer could threaten to stop or modify your workers' compensation benefits. Some people injured on the job may prefer a lump-sum settlement over weekly comp checks. No matter what workers' comp issue you're dealing with, our experienced lawyers can help.
Pennsylvania's workers' compensation system can be complicated and frustrating. The more you know about the process, the better you'll be able to understand what steps to take if your claim is in trouble. We'll get you the information you need for your workers' compensation claim. We'll also help you understand the process and what our attorneys can do on your behalf if the insurance company won't cooperate.
Have you been injured while at work? The best decision you can make to protect yourself after an injury is to enlist the services of Daly & Clemente. If you or a loved one are the victim of medical malpractice, it is important to remember that the experienced attorneys at Daly & Clemente are here to help.
Our attorneys at Daly & Clemente have a successful history of handling claims involving workplace injuries. While each case is unique and faces its own hurdles, our attorneys are committed to helping victims recover compensation for their losses. To learn more about how our attorneys may be able to help, please fill out our no-cost case review form today.
WHAT TO DO AFTER A WORK INJURY
Employees who wait too long to report their work-related illnesses and injuries sometimes find that the statute of limitations has expired, or crucial evidence is gone forever when they need to file a claim. At Daly & Clemente, we encourage all of our clients to act quickly and to follow these steps to protect yourself after a work injury:
Don’t hesitate to report your injury. Promptly report your injury or work-related illness to your employer or supervisor, and make sure to tell them you were hurt on the job, offering the date and location of the injury.
Seek medical treatment. See a doctor, even if you don’t think you need to. Injuries can get worse over time, and your medical records can serve as valuable evidence if you need to file a claim.
Don’t make assumptions. Even if you caused your own injury or had a preexisting condition, you may still be entitled to benefits.
Daly & Clemente’s strongest cases are built on evidence that was quickly preserved. Don’t let another day pass without getting the legal help you need.
Have you been hurt at work?
THAT'S WHY YOU NEED OUR EXPERIENCED ATTORNEYS
From the moment that you meet with our Pennsylvania workers’ compensation attorneys, you can expect outstanding service and the highest standards in legal representation. Here are some of the services that we may provide in your case:
Ensuring that you report the injury as needed
Referrals to medical evaluations and treatment; help getting additional opinions, if necessary
Determination of the wages that you deserve, ensuring that you receive those wages
Making sure that you receive medical care up to the maximum medical improvement for your condition
Negotiating the best possible settlement for your case
Taking the case to court and pursuing administrative appeals in order to get justice for you
Pursuit of all of your legal rights – you have someone to fight back if you’re treated unfairly!
Fighting back if the other side demands an invasive medical history or tries to make it difficult for you to pursue your claim
Constant communication with you by our legal team throughout the case
Respect for the attorney-client privilege and the sensitive nature of workers’ comp injuries
Tireless work for you until your case is complete
It’s our goal to help you in the best way possible when you’re the victim of a workplace-related injury. We invite you to meet with us to talk about what’s involved and what you can expect when you work with our legal team.
PA WORKERS COMPENSATION RIGHTS
The right to benefits — You are guaranteed certain benefits if you were injured in a workplace accident or simply injured in the course of your job. This includes free medical coverage and wage loss benefits for as long as you are off the job.
The right to negotiate a lump sum settlement — There are pros and cons to cash settlement of your claim versus ongoing benefits. Our attorneys can help you decide if this is right for you.
The right to control your treatment — The employer’s preferred physicians may not be qualified to diagnose and treat your injury, and may not have your best interests at heart. In most cases, you can choose your own doctors.
The right to a hearing — If the employer tries to deny, reduce or terminate your benefits, or if your disability pay is calculated incorrectly, your case must be heard by a workers’ comp judge. That decision can also be appealed.
The right to recover from your injury— Your employer cannot force you back to work. Only a doctor can clear you for light duty or regular duty.
PENNSYLVANIA WORKERS COMPENSATION CLAIMS PROCRESS
The Pennsylvania Workers’ Compensation process can be a very complicated. When a worker is injured, the employer and insurance carrier may admit liability right away. However, if a claim must be litigated, it will follow the pattern shown. On average, it can take about a year to reach a decision. It is easy to see why it is so important to hire an experienced, reputable attorney.
Worker sustains injury at work
Injury Reported to Employer or Supervisor
Report injury to employer right away
Employers must report injury to their
Within 21 days of the first report, the employer
and insurance carrier accept liability
TRUST YOUR LEGAL MATTER TO OUR EXPERIENCED TEAM.
Denial of Payment
Within 21 days of the first report, the employer
and insurance carrier deny liability
Worker Files Claim Petition
An employee has 3 years to file a claim petition
Case Assigned to Judge
Workers’ compensation case is assigned (by county) to a judge
Hearing is scheduled, parties are notified and judge
hears evidence and decides if more evidence is needed
Judge schedules mediation; if no settlement is reached,
parties can ask for a settlement conference with judge
Judge renders written decision
Parties have 20 days to appeal to the
Workers’ Compensation Appeal Board
Commonwealth Court Appeal
If appeal to the Workers’ Compensation Appeal Board
fails, either party may appeal to Commonwealth Court
Pennsylvania Supreme Court Appeal
If appeal to the Commonwealth Court fails, either
party may appeal to Pennsylvania Supreme Court
What is covered by workers comp in Pa?
~ BREAKING DOWN WHATS COVERED BY WORKERS COMPENSATION
The PA Bureau of Workers’ Compensation mandates that workers’ compensation coverage is mandatory for most employers. Employers who do not have coverage may be subject to lawsuits by employees. Employers may also be subject to criminal prosecution by the commonwealth.
Under the PA Bureau of Workers’ Compensation, employees receive medical treatment and are compensated for lost wages that are the result of a work-related injury or disease. Employers provide for the cost of the coverage while being protected from direct lawsuits by employees.
Employees are covered for their entire period of employment. This means that coverage begins the first day on their job. Any injuries or diseases caused or aggravated by employment are covered under workers’ compensation. This is regardless of the employee's previous physical condition.
Workers’ compensation insurance in PA is beneficial for both employees and employers. It provides benefits to employees who become injured or ill for work-related reasons. It can also provide payments to an employee’s beneficiaries if the employee dies due to a work-related cause.
POTENTIAL DAMAGES INCLUDED IN YOUR RECOVERY
Health care expenses: Surgery, doctor visits, medicine, medical equipment and lab tests.
Ongoing care expenses. For example, an employee trips and falls and breaks his leg. He needs months of physical therapy to recover from his injury.
Illnesses. An employee can get sick from exposure to chemicals or allergens. Workers' comp can help cover an employee's treatment costs.
Repetitive injuries, such as carpal tunnel syndrome.
Partial disability payments that may compensate employee unable to work at full capacity.
Total disability payments to compensate employees who are unable to return to work.
Permanent injury payments, which may compensate for loss of a body part.
Death benefits may be paid to a spouse and minor dependents if an employee dies from work-related injury or illness within 300 weeks after injury.