Ed Sweeney
Franny Ryan
When an injury happens at a Pennsylvania workplace, benefits are dictated by the Pennsylvania Workers’ Compensation Act. Workers’ compensation provides coverage to help injured workers get back on their feet after an accident. However, insurance companies can dispute or deny claims for various reasons, making an already difficult time even more stressful. If you suffered an injury on the job, it is essential that you protect your rights and best interests with the skilled guidance of a Parkesburg workers’ compensation lawyer.
At Wusinich, Sweeney & Ryan, LLC, we believe Pennsylvania workers deserve to be treated fairly and respectfully. Our lawyers are familiar with common accidents and injuries in numerous industries. We are committed to helping injured workers navigate a complicated process in pursuit of maximum compensation.
Pennsylvania workers are entitled to certain benefits after experiencing a workplace accident and injury. Pennsylvania is a “wage loss” state, which means the only factors considered for benefits are whether you can perform gainful employment and whether the workplace injury impacts your income. Workers’ compensation does not cover pain and suffering and other damages, such as the ability to enjoy hobbies and leisure activities or your previous relationships and daily routine. A knowledgeable lawyer can help you file additional compensation claims covering those losses.
In Pennsylvania, there are four basic categories of workers’ compensation benefits.
Workers can receive indemnity benefits if they are disabled from work due to a workplace injury. Injured workers who cannot work at all may receive “temporary total disability benefits.” If the injured worker can perform some job but now earns less due to the limitations of the workplace injury, they may receive “partial disability benefits.” The employee’s hourly wage may be less due to a modified job or a reduction in hours because of the effects of the injury.
Workers can receive medical benefits for the “reasonable and necessary” medical treatment related to workplace injury. Employers may limit medical treatment to one of a list of providers. Workers commonly have to challenge whether a particular treatment is “reasonable and necessary” or argue the need for additional healthcare providers. In these cases, a lawyer can help file a utilization review (UR) to ensure a fair claims process.
Specific loss benefits compensate workers for disfigurement or loss of use of a body part. There does not need to be a 100 percent loss of the affected body part or function to receive specific loss benefits. It simply has to be lost for all practical purposes, impacting the ability to work and perform daily activities.
Specific loss injuries include:
In Pennsylvania, widows and widowers without children are entitled to a portion of their deceased spouse’s weekly wages. All benefits must be divided evenly if the family includes spouses and children with different guardians.
Most Pennsylvania employers must carry insurance to cover costs in the event of a workplace injury or occupational illness. Pennsylvania workers qualify for workers’ compensation benefits no matter how the accident occurred. As long as there is an employer-employee relationship and the resulting injury is work-related, the injured worker is entitled to benefits. Businesses with independent contractors or self-employed workers are exceptions to that general rule.
Certain industries in Pennsylvania see more workers’ compensation claims than others. Workers in the following fields are most at risk to suffer a workplace injury:
Navigating the workers’ compensation claims process is often more complicated than many workers anticipate. Understanding what to do after a workplace accident is critical. The following are steps to take if you experience an injury at work:
The statute of limitations for workers’ compensation claims in Pennsylvania is three years from the date of injury. If you received a denial of either medical benefits or wage loss benefits under Workers’ Compensation law, a claim petition must be filed within three years of the date of injury. An experienced lawyer will help ensure your claim and other necessary documents are timely filed so you are not barred from obtaining your deserved benefits.
Workers’ compensation claims are commonly denied if other parties can argue that an injury or illness is not work-related. Employers, their insurers, and opposing counsel usually want to limit the extent of an injured worker’s coverage. It is essential to protect your rights at every step of the process.
Our Parkesburg workers’ compensation lawyers believe workers have a right to pursue full entitlement to their benefits after suffering an injury. We can assist with the process required to pursue your benefits.
If your claim was initially denied, a lawyer can request a hearing to address the issues you believe were wrongly decided. Common problems are whether or not an injury is work-related and miscalculations of the average weekly wage of the injured worker. Your lawyer can also file a Notice of Appeal with the court if you receive a denial letter. If the court rules against you, you can appeal to the Pennsylvania appellate courts.
Our Parkesburg workers’ compensation lawyers specifically focus on protecting Pennsylvania workers and their families. Over the last 40 years, our experienced legal team has successfully handled various workers’ compensation cases.
The claims process can be challenging without experienced legal guidance. Our lawyers know the relevant rules and laws in even the most complex cases. We know how to face up against insurance companies and other representatives who may try to invalidate your claim. A Parkesburg workers’ compensation lawyer can also help develop evidence to prove your claim, work with medical experts, negotiate a settlement, and represent you at potential hearings or appeals in court.
We represent clients throughout Chester County, Lancaster County and Delaware County including but not limited to Downingtown, West Chester, Exton, Coatesville, Phoenixville, Malvern, Lyndell, Wagontown, Uwchland, Parkesburg, Chester Springs.
